This Article sets forth the provisions and the requirements for submittal, review and approval of applications under this Ordinance and for addressing complaints, suspending and revoking permits. These provisions are intended to clearly describe administrative duties and responsibilities, permit procedures and conditions to improve citizen and property owner understanding and to ensure efficiency in the administration of the Ordinance.

The provisions of this Ordinance shall be administered by the Village Council, the Village Planning Commission, Village Zoning Administrator, the Zoning Board of Appeals, and the Village Attorney in accordance with the Michigan Zoning Enabling Act, Public Act 110 of 2006, and the delegation of responsibility assigned by this Ordinance.

14.2.1

Village council. The Village Council shall have the primary responsibility for supervision of the administration and enforcement of the Ordinance. In order to carry out this responsibility, the Village Council may adopt and file rules, guidelines, and forms to assist the Zoning Administrator and the Village Planning Commission in administering and enforcing this Ordinance. Until such rules or guidelines are adopted, any existing rules, guidelines, the Zoning Ordinance, and the Michigan Zoning Enabling Act, Public Act 110 of 2006, shall guide the administration of this Ordinance.

14.2.1.1

Provisions pertaining to village council process. A majority vote of the entire membership of the Village Council is required to adopt a proposed Ordinance or Ordinance amendment. A ⅔ majority vote of the entire membership of the Village Council is required to approve an amendment to the Ordinance if a qualified protest petition is filed in accordance with provision 125.3403 of the Michigan Zoning Enabling Act Public Act 110 of 2006, as amended.

14.2.1.2

Provisions pertaining to village council duties. This Section shall not be construed to diminish the Village Council's authority and duties imposed by other laws or regulations.

14.2.1.2.A

Required duties. The Village Council shall perform the following duties in relation to this Ordinance:

(1)

Shall consider and vote upon the adoption of a zoning ordinance (with or without amendments) or proposed amendments to the zoning text and zoning map.

(2)

Grant a hearing on a proposed Ordinance provision to an interested property owner who requests a hearing by certified mail, addressed to the clerk of the Village Council.

(3)

Set the amount of permit fees.

(4)

Appoint members to the Planning Commission.

(5)

Establish the terms of employment and rate of compensation for the Zoning Administrator.

14.2.1.2.B

Optional duties. The Village Council may perform the following duties in relation to this Ordinance:

(1)

Hold additional public hearings.

(2)

Refer suggested Ordinance changes back to the Planning Commission for further information or discussion.

(3)

Determine compensation for members of the Planning Commission.

(4)

Approve the engagement of the services of a planning expert to assist the Planning Commission and pay for those services.

14.2.2

Planning commission.

14.2.2.1

Provisions pertaining to planning commission membership. The Commission shall consist of five (5) members appointed by the Village President and approved by a majority vote of the Village Council.

14.2.2.1.A

Qualifications. To be a member and remain a member of the Planning Commission, the individual shall meet the following qualifications:

(1)

Shall be a qualified elector of the Village of Ontonagon, except two non-qualified elector(s) may be member(s) of the commission;

(2)

Shall meet the conditions provided for each individual member in this section of this Ordinance, except the geographical location of the individual's residency may be considered optional.

(3)

An elected officer or employee of the Village of Ontonagon is not eligible to be a member of the Planning Commission, except that the Village Manager, or a person designated by the Village Manager, or the Village President, or one member of the Village Council may be appointed to the Planning Commission as an ex officio member.

(4)

An ex-officio member shall not be chair of the Planning Commission.

(5)

Within twelve (12) months after an individual's first appointment and before reappointment, members shall attend Planning Commission training as approved by the Village Council.

14.2.2.1.B

Representation.

(1)

The membership shall be representative of the important segments of the community (two or more interests may be combined into one seat), such as the economic, governmental, educational, and social development of Village of Ontonagon, as follows:

a)

Agriculture;

b)

Natural resources;

c)

Recreation;

d)

Education;

e)

Public health;

f)

Government;

g)

Transportation;

h)

Industry;

i)

Commerce;

j)

Renewable energy and energy conservation;

(2)

The membership shall also be representative of the entire geography of the Village of Ontonagon to the extent practicable, and as a secondary consideration to the representation of the major interests.

(3)

The Commission, in its Bylaws, may name "liaisons" to the Commission. The purpose of liaisons is to provide certain Village of Ontonagon officials ability to participate in discussion with the Commission in addition to speaking in public participation, and nothing else. At a minimum liaisons shall include:

a)

Village Manager

b)

Village Attorney

c)

Village of County Department Heads or staff

d)

Public Safety Officials

14.2.2.1.C

Appointment and terms.

(1)

Members shall be appointed to three-year terms such that, as nearly as possible, the terms of one-third of all commission members will expire each year.

(2)

In January of each year the Village Clerk shall determine which members' terms of office shall expire and the Village Council will make the appropriate appointments. A member shall hold office until his or her successor is appointed.

(3)

If a vacancy occurs, the vacancy shall be filled for the unexpired term in the same manner as provided for an original appointment such that, as nearly as possible, the terms of one-third of all commission members continue to expire each year.

(4)

The term of the Ex Officio Member shall coincide with their elected term of office or the term of office of the elected official who appointed them.

14.2.2.1.D

Removal from office. The Village Council may remove a member of the Commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. Failure to disclose a potential conflict of interest shall be considered malfeasance in office. Repeated failures to attend Commission meetings shall be considered nonfeasance in office. The Chair of the Planning Commission shall report any member who has missed three (unexcused) regular meetings in a row to the Village Council.

14.2.2.2

Provisions pertaining to planning commission process.

14.2.2.2.A

Compensation. Compensation of Planning Commission members will be at the discretion of the Village Council.

14.2.2.2.B

Meetings.

(1)

The Commission shall meet as necessary but no less than four (4) times annually.

(2)

A majority of the Commission shall constitute a quorum for the transaction of the ordinary business of said Commission. All questions which shall arise at their meetings shall be determined by a majority vote of the Planning Commission members. The affirmative vote of two-thirds of the total number of seats for the Commission, regardless of vacancies or absences, shall be necessary for the adoption, or recommendation for adoption, of any plan/ordinance or amendment to a plan/ordinance.

(3)

Member(s) shall not be absent for more than three (3) consecutive regular meetings unless excused by the Chairperson. In the case of three consecutive unexcused absences, the Chair of the Planning Commission shall notify the Village Council by letter of the non-compliance with attendance criteria.

The Village Council may recommend the removal of said member from the Planning Commission. In the case of extenuating circumstances such as a serious or chronic health condition or family illness, the Planning Commission may, by motion and simple majority vote, approve continued absences without removal of the member.

(4)

The business that the Planning Commission may perform shall be conducted at a public meeting of the Planning Commission held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275, as amended. Public notice of the time, date, and place of a regular or special meeting shall be given in the manner required by that act.

(5)

A writing prepared, owned, used, in the possession of, or retained by a Planning Commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246, as amended.

14.2.2.2.C

Staff. Employees that are assigned to work with the Commission shall follow the directives of the Commission in matters of planning and zoning public policy issues, but shall not be subject to Commission directives concerning employment provisions of law, employment policies, employee roster, employee or union contracts, if any.

14.2.2.3

Provisions pertaining to planning commission duties. This Section shall not be construed to diminish the Planning Commission's authority and duties imposed by the Michigan Planning Enabling Act, Public Act 33 of 2008, or by other laws or regulations.

14.2.2.3.A

Required duties. The Planning Commission shall perform the following duties:

(1)

Adopt Bylaws for the transaction of business including the election of officers and rules of procedure consistent with the Michigan Planning Enabling Act, Public Act 33 of 2008, as amended.

(2)

Elect a chairperson and secretary from its members and create and fill other offices as it considers advisable. The term of office of each officer shall be one year with the opportunity for reelection as specified in the By-Laws.

(3)

Keep a public record of its resolutions, transactions, findings, and determinations.

(4)

Make an annual written report to the Village Council concerning its operations and the status of planning activities, including administration and enforcement of the Ordinance and recommendations for amendments or supplements to the Ordinance.

(5)

Prepare forms, rules, procedures, and guidelines for the proper administration and enforcement of the Ordinance which are to be forwarded to the Village Council for action prior to implementation.

(6)

Conduct public hearings on matters requiring a public hearing, or which in the Planning Commission's discretion warrant a public hearing, prior to action.

(7)

Shall make and approve a master plan as a guide for development within the Village, or areas outside the Village boundaries that in the Planning Commission's judgment are related to the planning of the Village as provided for in the Michigan Planning Enabling Act, Public Act 33 of 2008, as amended.

(8)

Make a comprehensive review and recommend changes to the Master Plan and/or Zoning Ordinance as deemed necessary but at least once every five (5) years.

(9)

Annually prepare a capital improvements program of public structures and improvements subject to approval by the Village Council.

(10)

Review and take appropriate action on all proposed public improvements.

(11)

Review and take appropriate action on all applications for zoning text change, rezoning, conditional rezoning, special land use permits, subdivision plats, and PUD permits.

(12)

Review and advise the Village Council on all applications for amendments to the Ordinance and on any amendments proposed by the Planning Commission.

(13)

Advise and make recommendations to the Village Council concerning future amendments, changes, additions, or departures from the Ordinance.

(14)

Review and make recommendations on plats before action by the Village Council under section 112 of the Land Division Act, 1967 PS 288, MCL 560.105, as amended.

14.2.2.3.B

Optional duties. The Planning Commission may perform the following duties:

(1)

May hold additional public hearings.

(2)

May prepare and adopt functional plans or subplans for portions of the community.

(3)

After preparing the annual report, may prepare a detailed Planning Commission budget and submit the budget to the Village Council for approval or disapproval.

(4)

May appoint advisory committees whose members are not members of the Planning Commission.

(5)

May recommend to the Village Council provisions of an ordinance or rules governing the subdivision of land authorized under section 105 of the Land Division Act, 1967 PS 288, MCL 560.105, as amended.

(6)

May engage the services of a planning expert subject to approval by the Village Council.

14.2.3

Zoning administrator.

14.2.3.1

Provisions pertaining to zoning administrator employment. The Village Council shall employ a Zoning Administrator (who may be the Village Manager) to act as its officer to effect the proper and consistent administration and enforcement of this Ordinance. The terms of employment and rate of compensation shall be established by the Village Council.

14.2.3.2

Provisions pertaining to zoning administrator process.

14.2.3.2.A

Training. Each Zoning Administrator shall successfully complete training on the roles and responsibilities of the office and how to perform all basic tasks within twelve (12) months of appointment as Zoning Administrator.

14.2.3.2.B

Relief from personal responsibility. The Zoning Administrator, officer or employee charged with the enforcement of this Ordinance, while lawfully acting for the Village, shall not thereby render himself or herself liable personally, and he or she is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any lawful act required or permitted in the discharge of his or her official duties. Any suit instituted against the Zoning Administrator, or any officer or employee acting on behalf of the office of the Zoning Administrator, because of a lawful act performed by the employee in the lawful discharge of his or her duties and under the provisions of the Ordinance shall be defended by the Village Attorney, or other legal representative of the Village, until the final termination of the proceedings. In no case shall the Zoning Administrator or any of his or her subordinates be liable for costs in any action, suit or proceeding that may be instituted in pursuance of the provisions of the Ordinance; and the Zoning Administrator, any officer or employee acting on behalf of the Zoning Administrator acting in good faith and without malice, shall be free from liability for lawful acts performed under any of its provisions or by reason of any act or omission in the lawful performance of his or her official duties in connection herewith.

14.2.3.3

Provisions pertaining to zoning administrator duties. It shall be the responsibility of the Zoning Administrator and his or her employees to be thoroughly versed in the provisions of this Ordinance and to enforce the provisions of this Ordinance. The Zoning Administrator shall have all administrative powers in connection with the administration of the Ordinance, which are not specifically assigned to some other officer or body. The Zoning Administrator or his or her deputized agents shall have the power of a police officer, whose jurisdiction is the enforcement of the Ordinance. The Zoning Administrator shall have no power to vary or waive Ordinance requirements.

14.2.3.3.A

Required duties. The Zoning Administrator shall, among other responsibilities, be empowered to perform the following duties:

(1)

Attend Meetings: The Zoning Administrator shall attend Planning Commission, Zoning Board of Appeals, and such other meetings related to administration of this Ordinance as necessary or when requested.

(2)

Assist citizens: Help citizens determine what zoning forms and procedures apply to proposed zoning requests and land use changes, and aid them in completing required permit application forms. Help citizens with an alternate procedure if the request is not in compliance.

(3)

Review Applications: Receive and review all permit application forms to determine level of completion and level of compliance with the provisions of the Ordinance.

(4)

Reports and Recommendations: Review all requests for administrative or legislative action and forward an analysis of site factors and other information pertaining to the request to the appropriate body. The analysis may include a recommendation for action.

(5)

Issue Permits: For permits requiring only administrative approval, the Zoning Administrator shall be authorized to issue the appropriate Zoning Permits provided the request complies with all applicable provisions of this Ordinance. The issuance of permits includes the authority to impose any condition authorized by this Ordinance. For permits requiring Planning Commission approval, the Zoning Administrator shall refer all complete applications to that body for review.

(6)

File Applications: The Zoning Administrator shall maintain files of all applications for zoning approval and for all Certificates of Zoning Compliance and shall keep records of all permit approvals and denials. Such files and records shall be open to public inspection. Copies shall be furnished upon request at a cost established by the Village Council.

(7)

Inspections: The Zoning Administrator, or authorized deputy, shall make as many inspections of buildings or premises as necessary in order to properly carry out the enforcement of this Ordinance or any permit, approval, or condition of a permit or approval, or order under this Ordinance. At a minimum the property shall be inspected upon staking for any building, and prior to occupancy.

(8)

Non-Conforming Uses: The Zoning Administrator shall identify, monitor, and control changes in nonconforming uses.

(9)

Enforce the Zoning Ordinance: The Zoning Administrator shall be the principle Ordinance enforcement officer. He/she shall ensure conformance with issued permits, investigate alleged Ordinance violations, including the conditions of permits or approvals, issue tickets and violation notices, appear in court or other jurisdictional proceedings, and undertake such other enforcement activities as may be delegated by the Village Council or Village Planning Commission. Other individuals may be hired for this purpose, or the task may be delegated to others who work under the supervision of the Zoning Administrator. Once a case is shifted to the Village Attorney or other legal representative retained for such purpose, the Zoning Administrator and Village Attorney or other legal representative shall share enforcement responsibility.

(10)

Investigate Violations: The Zoning Administrator shall issue violation notices and appearance summons, and work with the Village Attorney to seek the issuance of warrants for the arrest of alleged violators, or to enforce appropriate civil action for violation.

(11)

Record of Complaints: Keep a record of every complaint of a violation of any of the provisions of this Ordinance as a public record.

(12)

Report to Village Council: On behalf of the Planning Commission, the Zoning Administrator shall report to the Village Council periodically; and once a year, shall summarize for the period since the last previous report, the number of requests for zoning approval or enforcement, including the number of requests approved, approved with conditions, and denied, by type of request, including, zoning text changes, rezonings, conditional rezonings, zoning permits, conditional land use permits, special land use permits, PUD permits, all minor design modifications, administrative waivers, all complaints of violations, all interpretations made, and appeals and variances granted by the Zoning Board of Appeals. The Zoning Administrator shall include any recommendations regarding zoning changes or proposed amendments which would improve the content and/or enforcement of the Zoning Ordinance.

(13)

Prepare Record of Decisions: The Zoning Administrator shall establish notebooks or other records for listing each decision, waiver, interpretation, or enforcement action made under this Ordinance. This record shall be organized for easy reference by date and decision to help ensure consistency of future decisions.

(14)

Prepare Forms, Manuals and Guidelines: The Zoning Administrator with the assistance of the Planning Commission shall periodically prepare or update forms, procedure manuals, and guidelines for the smooth administration of the Zoning Ordinance. All such forms, manuals and guidelines shall be reviewed and approved by the Planning Commission and approved by the Village Council. A form, procedure or guideline may be implemented by the Zoning Administrator for not more than sixty (60) days after being established without Planning Commission or Village Council approval.

14.2.4

Zoning board of appeals. It is the intent that all questions of interpretation and enforcement of the Ordinance shall first be presented to the Zoning Administrator, and that such questions shall be presented to the Zoning Board of Appeals (also known as the Board of Appeals or ZBA) only on appeal from the decision of the Zoning Administrator, and that recourse from the decisions of the ZBA shall be to the Circuit Court as provided by law. However, questions of interpretation of permitted uses within districts will be reviewed by the Zoning Board of Appeals. The Zoning Board of Appeals shall perform its duties and exercise its powers so that the health, safety and welfare of the public may be secured; and that substantial justice be done.

14.2.4.1

Provisions pertaining to zoning board of appeals membership.

14.2.4.1.A

Membership.

(1)

The seven (7) members of the Village Council shall serve as the Zoning Board of Appeals for the Village of Ontonagon.

(2)

There shall also be an alternate member, selected from the electors of the Village of Ontonagon and residing within the zoning jurisdiction of the Village, serving the same term as regular members.

14.2.4.1.B

Terms. The term of the members of the Zoning Board of Appeals shall coincide with their elected term of office.

14.2.4.2

Provisions pertaining to zoning board of appeals process.

14.2.4.2.A

Officers. The Board of Appeals shall select a Chairperson and a Vice-Chairperson from among the membership.

14.2.4.2.B

Alternate members. An alternate member may be called to serve as a member of the Board of Appeals in the absence of a regular member if the regular member will be unable to attend one or more meetings. An alternate member may also be called to serve as a member for the purpose of reaching a decision on a case in which the member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until a final decision is made. An alternate member serving on the Board of Appeals has the same voting rights as a regular member.

14.2.4.2.C

Attendance. Since regular attendance is required for optimal function of the Board of Appeals, members of the Board are appointed subject to the following attendance criteria:

(1)

Member(s) shall be expected to notify the Chairperson or his/her designee of his/her expected absence prior to a meeting. For an alternate to be called, the regular member must notify the Chair of the ZBA two weeks prior to the meeting which he/she cannot attend. The secretary shall request that an alternate member attend the meeting.

(2)

Member(s), unless excused by the Chair, shall not be absent for more than two (2) consecutive meetings, irrespective of calendar year.

(3)

The Board of Appeals secretary shall be responsible to report the non-compliance of attendance criteria of any Board of Appeals member to the Chair.

(4)

The Chair of the Board of Appeals shall notify the entire Village Council (ZBA) in writing of any non-compliance with attendance criteria, including recommended action.

(5)

Under extenuating circumstances, such as a serious or chronic health condition, or family illness, the Board of Appeals may, by motion and majority vote, defer the action specified above. Said member is exempt from voting privileges in the action.

14.2.4.2.D

Meetings. Meetings of the Board of Appeals shall be held at the call of the Chair, and at other times as the Board in its rules of procedure may specify. There shall be a fixed place for each meeting, and all meetings shall be open to the public.

14.2.4.2.E

Conducting business. A Zoning Board of Appeals shall not conduct business unless a majority of the regular members are present.

14.2.4.2.F

Voting.

(1)

All members of the Board of Appeals present at a meeting shall vote on every matter unless a member of the Board has a conflict of interest. A member of the Board of Appeals shall abstain from a vote in which the member has a conflict of interest, and the member shall state the nature of the conflict of interest prior to participating in a hearing on the matter.

(2)

The concurring vote of a majority of all the members of the Board of Appeals shall be necessary to reverse an order, requirement, decision or determination of the administrative official or body, or to decide in favor of the applicant on a matter upon which they are required to pass under the Zoning Ordinance, or to grant a variance in the Zoning Ordinance.

(3)

A member of the Zoning Board of Appeals who is also a member of the Planning Commission shall not participate in a public hearing on or vote on the same matter that the member voted on as a member of the Planning Commission. However, the member may consider and vote on other unrelated matters involving the same property.

14.2.4.2.G

Keeping of records.

(1)

Minutes of all meetings shall be recorded and shall contain the grounds of every determination made by the Board of Appeals including all evidence and data considered, all findings of fact and conclusions drawn by the Board for every case together with the votes of the members and final disposition of each case. Such minutes shall be filed in the Office of the Zoning Administrator, and shall be available to the public. The record of proceedings shall be contained in a file with the following information:

a.

The application (for a permit, variance, interpretation, exception).

b.

Any reports, plans, surveys, or photos.

c.

Notice of Public Hearing to affected parties in newspaper.

d.

Letter from Zoning Administrator granting or denying the application or referring it to the Board of Appeals and all other relevant records related to the case.

e.

Affidavit of publication of Notice of Hearing.

f.

Record of testimony heard and evidence presented.

g.

A copy of the zoning Article(s) and Section(s) in question.

h.

Briefs, correspondence or other communications made to or from the Board of Appeals, including any from the Village Attorney or other attorneys.

i.

Statement of facts found by Board of its knowledge regarding the request including any information gained from personal inspection.

j.

Decision of the Board as specifically related to the Findings of Fact.

k.

A copy of any other correspondence to the appellant regarding the request.

(2)

At its discretion, the Board of Appeals may file its decision relative to a particular property with the Register of Deeds to run as a permanent record with the property which was the subject of the decision by the Board of Appeals.

14.2.4.2.H

Removal from office and conflict of interest.

(1)

Members of the Board of Appeals shall be removable by the Village Council for nonfeasance, including nonperformance of duty, or misfeasance, including misconduct in office, or for malfeasance upon written charges and after public hearing.

(2)

A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure to do so shall constitute malfeasance in office. A conflict of interest may include, but is not limited to considering property or adjoining property a Board of Appeals member owns or has a legal or financial interest in, or considering a request by a party with whom a Board member has close ties, such a family member, relative or close friend.

14.2.4.3

Scope of powers zoning board of appeals. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made, and to that end, shall have all the powers of the office or body from whom the appeal was taken, but no more. The Board of Appeals may issue or direct the issuance of a permit if, following a review of the facts, the relevant Ordinance requirements, and the prior decision of the Zoning Administrator or Planning Commission, the Board of Appeals concludes the Ordinance requirements were not properly applied. The Board of Appeals shall have the power to make final determinations, within its jurisdiction and duties herein prescribed, in such a way that the objectives of this Ordinance may be equitably achieved in order that there shall be uniform interpretation and flexibility in the enforcement of this Ordinance or to fulfill any other responsibilities bestowed upon the Board of Appeals by this Ordinance. At the same time, the Board of Appeals shall be aware that this responsibility does not extend to creating regulations, only to applying regulations, which is a narrow quasi-judicial responsibility, and not a legislative one. The power to adopt land use regulations rests solely with the Village Council, per the appropriate process. For example, the Board of Appeals shall not have the power (except within their capacity as Village Council members) to alter or change the zoning district classification of any property or to authorize any use of land not expressly permitted in the district, nor to make any change in the terms or intent of this Ordinance; these powers are reserved to the Village Council.

14.2.4.4

Provisions pertaining to zoning board of appeals duties.

14.2.4.4.A

Required duties. The Zoning Board of Appeals shall perform the following duties:

(1)

Adopt rules of procedure or Bylaws to govern its procedures on such matters as officers, voting, conduct of meetings, and related matters as it may consider necessary or advisable.

(2)

Choose a Chair person, and in his or her absence, an Acting Chair person who may administer oaths and compel the attendance of witnesses.

(3)

Maintain a record of its proceedings which shall be filed in the office of the Village Clerk.

(4)

Hear and decide on matters referred to the Board of Appeals or upon which the Board of Appeals has been given authority under this Ordinance.

(5)

Hear and decide appeals from and review any administrative order, requirement, decision, or determination made by the Zoning Administrator or Planning Commission in enforcing this Ordinance where it is alleged there is error made in the enforcement of the Ordinance.

(6)

Interpret, upon request, the provisions of this Ordinance in such a way as to carry out the intent and purpose of this Ordinance.

(7)

The Board of Appeals shall have the power to make "Lot of Record" determinations in accordance with procedures detailed in Article 14.

(8)

Review Site Plan Review appeals per procedures detailed in Article 14.

(9)

The Board of Appeals shall have the power to permit the erection and use of a building, or an addition to an existing building, or a public service corporation for essential services, in any permitted district to a greater height or of larger or smaller area than the district requirements herein established, and permit the location in any use district of a public utility building, structure, or use if the Board shall find such use, height, area, building or structure reasonably necessary for the public convenience and service. The Board of Appeals may also impose setbacks, specify the location or character of fences, buffering or landscaping requirements as a condition of approval pursuant to standards in this Ordinance as may be reasonably necessary to protect abutting property from the potential nuisance effects of such essential services.

(10)

The Board of Appeals may retain legal counsel for any purpose deemed necessary provided that such appointment or retainer shall be approved in advance by the Village Council.

14.2.4.5

Provisions pertaining to the appeals procedure. The Board of Appeals shall hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by the Zoning Administrator or by any other official in administering or enforcing any provisions of this Ordinance. An appeal may be taken by a person aggrieved, or by an officer, department, board, or bureau of the State of Michigan or the Village of Ontonagon. In addition, a variance in the Zoning Ordinance may be applied for and granted under section 4 of the Uniform Condemnation Procedures Act, 1980 PA 87, MCL 213.54, and as provided under the Michigan Zoning Enabling Act, 2006 PA 110. The procedure for appealing to the Zoning Board of Appeals, or requesting a variance, ordinance interpretation, or filing any other request is as follows:

14.2.4.5.A

General appeals procedures.

(1)

The appeal shall be taken within such time as prescribed by this Ordinance or the Rules of Procedure of the Zoning Board of Appeals.

(2)

A fee, prescribed by the Village Council, shall be submitted to the Zoning Administrator at the time of the filing of the application form, before an appeal is processed.

(3)

The person, firm, agent, or attorney representing the appellant shall file an appeal by completing and signing the application form provided by the Zoning Administrator. The application shall state the grounds for the appeal and the order or ruling appealed from. When applicable, the legal description of the property involved shall be stated in the notice of appeal.

(4)

All persons not licensed to practice law in the State of Michigan shall file a written statement signed by the principle stating the agent's right to act upon their behalf.

(5)

An application that does not fully comply with the submittal requirements shall be returned to the applicant.

(6)

Upon determining that an application is in compliance, the Zoning Administrator shall transmit the application and all papers constituting the record from which the appeal was taken to the Zoning Board of Appeals Secretary.

(7)

An appeal to the Zoning Board of Appeals stays all proceedings in furtherance of the action appealed. However, if the body or officer from whom the appeal is taken certifies (after the notice of appeal is filed) that, by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to life and property, proceedings may be stayed only by a restraining order issued by the Board of Appeals or a circuit court.

(8)

A public hearing shall be held on each action that is brought before the ZBA. When a properly executed application form has been filed, the secretary of the Zoning Board of Appeals, upon consultation with the chair person for the Zoning Board of Appeals, shall schedule the matter for a public hearing and give notice as follows:

a.

If the appeal is not regarding a specific parcel of property, notice of the hearing shall be published in a newspaper of general circulation in Ontonagon not less than 15 days before the date of the hearing.

b.

If the appeal regards a specific piece of property, notice shall be given to the owners of property that is the subject of the request, and also to all persons to whom real property is assessed within three-hundred (300) feet of the property that is the subject of the request, and to the occupants of all structures within three hundred (300) feet of the subject property regardless of whether the property or structure is located in the zoning jurisdiction. (Notice shall go to one occupant per structure, or if it is a multi-unit structure, one occupant per unit, unless the structure has over four dwellings units, then notice shall be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance).

c.

Notice shall include the nature of the request, identification of the property that is the subject of the request, listing of all street addresses within the property or other identification, place and time of the hearing, where and when written comments will be received.

d.

When a variance request is made for any property located in a designated High Risk Erosion Area, designated Sand Dune, wetland documented by the DNR, or within a one-hundred (100) year floodplain, the Michigan Department of Natural Resources shall also receive notice.

(9)

Any interested party may appear and be heard at such hearing in person or by agent or attorney. The applicant shall have the burden of presenting to the Board sufficient evidence and argument to justify the requested order or decision. If an applicant fails to appear at the hearing, in person or through an agent or attorney, the Board of Appeals shall conduct the hearing and issue its decision based on the information available at the hearing.

(10)

Upon the date for hearing any application or appeal, the Board of Appeals may adjourn the hearing in order to obtain additional information, or to cause service of such further notice as it deems proper. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the resumption of the hearing, provided the hearing is continued within thirty-six (36) hours, pursuant to Section 15.265(5) of the Open Meetings Act, Public Act 276 of 1976.

(11)

Once all the necessary information has been received, the Board of Appeals shall return a decision on a case in a timely manner, or if time frames are included within its rules of procedure, then within the time specified in the rules of procedure. The Board of Appeals may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination and may issue or direct the issuance of a permit. The Board of Appeals shall grant no variance or make any determination on an appeal, Ordinance interpretation, or other issue requested of it unless the Board records specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards imposed by the requirements of this Ordinance have been met.

(12)

No rehearing on an application denied by the Board of Appeals shall be conducted except upon the grounds of newly discovered evidence or a falsehood previously relied upon by the Board of Appeal, which, through the exercise of normal diligence, could not have been discovered before the hearing, as determined by the Zoning Administrator. A rehearing shall be processed in the same manner as the original application and a new fee shall be paid. A request for rehearing shall be made within eight (8) days of the decision of the Board of Appeals.

(13)

No decision of the Zoning Board of Appeals shall be presumed final until after eight (8) days following the meeting at which the decision was made. No Zoning Permit shall be issued by the Zoning Administrator based on a decision of the Board of Appeals before eight (8) days have expired.

(14)

The decision of the Zoning Board of Appeals shall be final. A party aggrieved by the decision may appeal to the Ontonagon County Circuit Court within thirty (30) days of the decision. The Circuit Court shall review the record and decision to ensure that the decision meets all of the following requirements:

a.

Complies with the constitution and laws of the State.

b.

Is based on proper procedure.

c.

Is supported by competent, material, and substantial evidence on the record.

d.

Represents the reasonable exercise of discretion granted by law to the Board of Appeals.

(15)

If the court finds the record inadequate make the review required by this section, or finds that additional material evidence exists that with good reason was not presented, the court shall order further proceedings on conditions that the court considers proper. The Zoning Board of Appeals may modify its findings and decision as a result of the new proceedings or may affirm the original decision. The supplementary record and decision shall be filed with the court. The court may affirm, reverse, or modify the decision.

14.2.4.5.B

Specific appeals procedures.

(1)

Procedures for interpretations. The Zoning Board of Appeals shall:

a.

Determine the precise location of the boundary lines between zoning districts when there is confusion or a dispute concerning the Zoning Map.

b.

Classify a use which is not specifically mentioned as part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use, in accordance with the purpose and intent of each district. The classification of the unmentioned use does not automatically permit the use, it only identifies the district in which it may be located and the zoning regulations with which it must conform.

c.

Determine the signage, landscaping, buffering, off-street parking and loading space requirements of any use not specifically mentioned in this Ordinance, by applying the most comparable provisions for other similar uses.

d.

When making an interpretation, carefully consider the definitions in Article 15, the meaning of all the relevant sections in the Ordinance, past decisions of the Board of Appeals on similar matters, research and any conclusions by the Zoning Administrator, consultant, Village Attorney, or outside attorney hired by the Village, and make a decision on the narrowest grounds feasible so as not to upset the meaning and application of this Ordinance.

(2)

Determination of a lot of record.

a.

Upon application of any person claiming to be the owner of the legal or equitable title to a parcel of land which was the subject to a deed or land contract, not recorded in the Office of the Register of Deeds on the effective date of this Ordinance, the Board of Appeals is authorized to conduct a hearing to determine whether a variance should be granted to such owner entitling him to have the parcel treated as a "lot of record" as defined in Article 15 of this Ordinance.

b.

The Board shall grant said variance when it finds by a preponderance of the evidence that the instrument purporting to transfer title to the parcel of said owner was executed prior to the effective date of this Ordinance. In making its determination, the Board is authorized to consider all matters it deems relevant, including but not limited to, the tax roll of the Village, the relationship of the parties to the purported transfer, the degree of formality of the purported document of transfer, and the testimony of the applicant and his or her witnesses.

c.

Such a determination shall have only the effect of equating such an owner with the owner of a lot of record and shall not relieve such owner from complying with the other requirements set forth in this Ordinance.

(3)

Granting variances. If there are practical difficulties for nonuse variances or unnecessary hardship for use variances in the way of carrying out the strict letter of the Ordinance, as provided in the Michigan Zoning Enabling Act, 2006 PA 110, the Board of Appeals may grant a variance so that the spirit of the Ordinance is observed, public safety secured, and substantial justice done. The following rules shall be applied in the granting of a variance:

a.

In granting a variance, the Board of Appeals may impose specific conditions as are reasonably necessary for the furtherance of the intent and spirit of this Ordinance. The Board of Appeals shall specify, in writing, such conditions regarding the character, location, and other features which will, in its judgment, ensure the protection of the public interest and abutting properties, provided there is an applicable standard in this Ordinance to serve as the basis for such condition. The breach of such condition shall automatically invalidate the permit granted. To ensure compliance with such conditions, the Board of Appeals may require a cash deposit, certified check, irrevocable bank letter of credit, or surety bond per the requirements of Section 14.3.3.1. The Board may also require as a condition of approval that its decision be recorded with the Ontonagon County Register of Deeds.

b.

Each variance granted under the provisions of this Ordinance shall become null and void unless the construction authorized has been commenced within one (1) year after the hearing date when the variance was granted.

c.

The Board of Appeals shall have the authority to grant nonuse variances relating to the construction, structural changes, or alteration of buildings or structures related to the dimensional requirements of the Ordinance or to any other nonuse-related standard in the Ordinance, provided the applicant has proven a practical difficulty by demonstrating as follows:

1.

That strict compliance with the Ordinance would unreasonably prevent the owner from using the property for a permitted purpose, or would render conformity with such restrictions unnecessarily burdensome;

2.

That the problem is due to a unique circumstance of the property;

3.

That the specific conditions relating to the property are not so general or recurrent in nature, in the zoning district, so as to require an amendment to this Ordinance, instead of a variance;

4.

The property problem was not created by the action of the applicant;

5.

That the granting of the variance will not cause a substantial adverse effect upon property values in the immediate vicinity, or in the district in which the property of the applicant is located;

6.

That granting of the variance will not increase the hazard from fire, flood, or similar dangers, or increase traffic congestion;

7.

That the requested variance will relate only to the property under the control of the applicant;

8.

That the non-conforming dimensions of other lands, structures, or buildings in the same zoning district shall not be considered grounds for the issuance of a variance;

9.

That the variance is the minimum variance that will make possible the reasonable use of the land, building or structure in the zoning district in which it is located;

10.

That the proposed use of the premises is in accord with this Ordinance;

11.

That the variance would do substantial justice to the applicant as well as to other property owners in the district;

12.

That the granting of the variance will ensure that the spirit, intent and purpose of the Ordinance is observed, public safety secured and substantial justice applied;

13.

That the requested variance shall not amend the permitted uses of the zoning district in which it is located.

d.

The proper procedure for an individual desiring a use variance is to file an application for amendment of the text of this Ordinance or the Zoning Map pursuant to Section 14.7.4. A use variance shall only be granted under exceptional circumstances where the current zoning district is clearly unreasonable as applied to a specific parcel. The Board of Appeals shall have the authority to grant use variances provided the applicant has proven an unnecessary hardship exists that can only be resolved by grant of a use variance and that:

1.

The property in question cannot be put to a reasonable use if permitted to be used only for uses allowed in the district in which it is located;

2.

The plight of the owner is due to unique circumstances peculiar to the property and not to general neighborhood conditions;

3.

The use variance, if granted, would not alter the essential character of the area;

4.

The problem is not created by the appellant.

5.

Two-thirds vote of the members of the Zoning Board of Appeals is necessary to approve a use variance based on unnecessary hardship.

(4)

Site plan review, special land use, and PUD appeals.

a.

Any applicant for Site Plan Review that feels aggrieved by the decision of the Zoning Administrator or Planning Commission may appeal the decision to the Zoning Board of Appeals within twenty-one (21) calendar days of receipt of the decision.

b.

The Zoning Board of Appeals shall review the decision of the Zoning Administrator or Planning Commission to ensure that it is consistent with the standards contained in this Ordinance and rules established by agencies responsible for site plan review.

c.

The Zoning Board of Appeals shall give written justification for their decision.

d.

The Zoning Board of Appeals may not grant a variance to any element of a site plan unless an application for a variance has been filed; any such variance request shall be reviewed relative to the requirements of this Article and the variance standards.

e.

An applicant for a Special Land Use or Planned Unit Development may not appeal a decision to approve, approve with conditions, or deny the decision thereon to the Board of Appeals. Such an appeal may only be taken to Circuit Court. The determination on the number of permitted lots, dwelling units, or building sites in a PUD pursuant to Article 10 may be appealed to the Zoning Board of Appeals pursuant to the procedures in this Article.

14.2.5

Secretary. There shall be a Secretary on the Planning Commission and Zoning Board of Appeals for the purposes of preparing a public record of minutes, resolutions, transactions, findings and determinations. The Secretary may perform other duties related to the conduct of the Planning Commission or Board of Appeals business as may be required from time to time by the officers of the Planning Commission or Board of Appeals, provided the Secretary of the respective Commission and Board is solely responsible for the accuracy of such duties, and all documents prepared by the recording secretary shall be signed by the official secretary of the Planning Commission or official secretary of the Board of Appeals. The Secretary shall be a member of the Planning Commission or Zoning Board of Appeals unless the Village Council authorizes funds to hire a recording secretary, if the task is not delegated to a Village employee. The Village Clerk shall maintain one official copy of a current Zoning Ordinance and Zoning District Map.

14.3.1

Types of permits. No clearing, grading, excavation, or filling of land for a building or structure shall be commenced; no erection, addition to, alteration of, or moving of any building or structure shall be undertaken, nor shall any land be changed to a different use under this Ordinance, nor to any different use group under the Stille-DeRossett-Hale Single State Construction Code Act, Public Act 230 of 1972, being MCL 125.1501, et seq., except in accordance with and pursuant to one of the following permits or approvals.

14.3.1.1

Certificate of zoning compliance. A Certificate of Zoning Compliance is a document signed by the Zoning Administrator acknowledging that, after having completed the appropriate review and approval process, and been approved for all other applicable permits, a use, structure, building, or lot either complies with or is legally nonconforming to the provisions of this Ordinance, or is an authorized variance or modification. A Certificate of Zoning Compliance shall be issued before either a Building Permit or Occupancy Permit shall be issued. The Zoning Administrator shall perform inspections prior to issuance of a Certificate of Zoning Compliance, and at such other times as is necessary to ensure conformance with this Ordinance and the conditions of any permit or approval until an Occupancy Permit is issued. A Temporary Certificate of Zoning Compliance may be issued for temporary buildings, structures, and uses that conform with requirements.

14.3.1.2

Conditional land use permit. A Conditional Land Use Permit is the documented evidence of authority that a proposed Conditional Land Use has gone through the proper Tier 2 application (Section 14.3.2.2.C) and review (Section 14.3.4.5) procedures and can be commenced subject to compliance with all the terms and conditions contained in the permit in conformance with Section 14.5.6 and Article 9 of the Ordinance after having subsequently been issued a Certificate of Zoning Compliance and a Building Permit.

14.3.1.3

Special land use permit. A Special Land Use Permit is the documented evidence of authority that a proposed Special Land Use has gone through the proper Tier 3 application (Section 14.3.2.2.D) and review (Section 14.3.4.6) procedures and can be commenced subject to compliance with all the terms and conditions contained in the permit in conformance with Section 14.5.6 and Article 9 of the Ordinance after having subsequently been issued a Certificate of Zoning Compliance and a Building Permit.

14.3.1.4

PUD approval. A PUD approval is the documented evidence of authority that a proposed Planned Unit Development has undergone the proper review per Article 10 and Tier 3 review procedures and can be commenced subject to compliance with all the terms and conditions contained in the approval in conformance with the appropriate sections of the Ordinance after having subsequently been issued a Certificate of Zoning Compliance and a Building Permit.

14.3.1.5

Building permit. No building permit shall be issued without first having obtained a Certificate of Zoning Compliance and all other applicable permits. All building permits shall indicate by the signature of the Zoning Administrator that required zoning compliance has been verified. If such verification is not present, the building permit shall not be valid and no construction activity may commence.

14.3.1.6

Certificate of occupancy. The Certificate of Occupancy is a document allowing the occupancy or use of a building or structure after certification that the building/structure has been constructed and will be used in compliance with all applicable municipal codes and ordinances. All Certificates of Occupancy shall indicate by the signature of the Zoning Administrator that required zoning compliance has been verified. If such verification is not present, the Certificate of Occupancy shall not be valid and no occupancy may commence.

14.3.2

Application process. The general provisions of this section shall apply to all applications for development approval and procedures under this Ordinance, unless otherwise stated. The application requirements specific to Planned Unit Developments are found in Article 10. Petition requirements related to zoning text amendments, rezoning, zoning map changes, and conditional rezoning are found in Section 14.7. Application requirements related to variances, appeals, and ordinance interpretations are found in Article 14.

14.3.2.1

Authority to file applications. Applications shall be submitted to the Zoning Administrator by the owner, or any other person having a recognized interest in the land for which the development is proposed, or their authorized agent.

14.3.2.1.A

Applicant is not owner. If the applicant is not the owner of the land, or is a contract purchaser of the land, a letter signed by the owner consenting to the submission of the application shall be submitted.

14.3.2.1.B

Applicant is not sole owner. If the applicant is not the sole owner of the land, a letter signed by the other owners or an association representing the owners consenting to or joining in the application shall be submitted.

14.3.2.2

Application contents. Applications required under the Ordinance shall be submitted on forms approved by the Planning Commission. The application shall also include all other supporting documents as required under this Ordinance, such as site plans. Waivers of information requirements may be granted upon a written finding that the information is not necessary to achieve the purpose and intent of the site plan review requirements specifically and the Ordinance standards generally, and that public health, safety, and general welfare will not be compromised by a waiver. All waivers shall be recorded in a log maintained by the Zoning Administrator listing the applicant, application number, and the information waived.

14.3.2.2.A

Submission requirements for a pre-application conference (preliminary sketches). Preliminary sketches of proposed site plans may be submitted for review in a pre-application conference with the Zoning Administrator or the Planning Commission prior to submission of Tier 1, Tier 2, or Tier 3 applications for final approval. Submission of preliminary sketch plans shall be made no later than six (6) days prior to the meeting at which the pre-application conference is scheduled to take place. The Zoning Administrator shall determine the number of plans to be submitted. Sketch plans should include, at minimum, the requirements as identified in Table 14-1, Required Elements for Site Plan Completeness.

14.3.2.2.B

Submission requirements for tier 1 review (applications not requiring site plan review). All applications for a Certificate of Zoning Compliance shall require the following minimum submissions, unless waived by the Zoning Administrator:

(1)

A fully completed Zoning Permit application on a form supplied by the Zoning Administrator.

(2)

A basic site plan, satisfying the requirements of Tier 1 review as shown in Table 14-1, Required Elements for Site Plan Completeness, and any other information deemed necessary by the Zoning Administrator to properly administer the Ordinance (unless a waiver is granted by the Zoning Administrator for the number of copies or required information). The Zoning Administrator will determine the number of required copies of the basic site plan.

(3)

A list of any permits that will be required for the development or use from federal, state, county, or local agencies.

(4)

A copy of the deed or proof of equitable title for any new principle or accessory structure on any non-platted parcel in order to assure compliance with dimensional requirements of the Ordinance, to protect easements from encroachment, and to assure conformance with the Land Division Act, Public Act 288 of 1967, as amended. The Zoning Administrator may examine electronic copies of recorded deeds to meet this requirement.

14.3.2.2.C

Submission requirements for tier 2 review (conditional land use permits). All applications for a Conditional Land Use Permit shall require the following minimum submissions, unless waived by the Zoning Administrator:

(1)

A fully completed Conditional Land Use Permit application on a form supplied by the Zoning Administrator.

(2)

Twelve (12) copies of a minor site plan, satisfying the requirements of Tier 2 review as shown in Table 14-1, Required Elements for Site Plan Completeness, and any other information deemed necessary by the Zoning Administrator to properly administer this Ordinance (unless a waiver is granted by the Zoning Administrator for the number of copies or required information).

(3)

A list of any permits that will be required for the development or use from federal, state, county, or local agencies.

(4)

A copy of the deed or proof of equitable title for any new principle or accessory structure on any non-platted parcel in order to assure compliance with dimensional requirements of this Ordinance, to protect easements from encroachment, and to assure conformance with the Land Division Act, Public Act 288 of 1967, as amended. The Zoning Administrator may examine electronic copies of recorded deeds to meet this requirement.

(5)

A statement of compliance with the standards required for approval in Section 14.5.6 and other standards imposed by Article 9 and other sections of this Ordinance affecting the conditional land use under consideration.

14.3.2.2.D

Submission requirements for tier 3 review (special land use permits). All applications for a Special Land Use Permit shall require the following minimum submissions, unless waived by the Zoning Administrator:

(1)

A fully completed Special Land Use Permit application on a form supplied by the Zoning Administrator.

(2)

Twelve (12) copies of a Major Site Plan, satisfying the requirements of Tier 3 review as shown in Table 14-1, Required Elements for Site Plan Completeness, and any other information deemed necessary by the Zoning Administrator to properly administer this Ordinance (unless a waiver is granted by the Zoning Administrator for the number of copies or required information).

(3)

A list of any permits that will be required for the development or use from federal, state, county, or local agencies.

(4)

A copy of the deed or proof of equitable title for any new principle or accessory structure on any non-platted parcel in order to assure compliance with dimensional requirements of this Ordinance, to protect easements from encroachment, and to assure conformance with the Land Division Act, Public Act 288 of 1967, as amended. The Zoning Administrator may examine electronic copies of recorded deeds to meet this requirement.

(5)

A statement of compliance with the standards required for approval in Section 14.5.6 and other standards imposed by Article 9 and other sections of this Ordinance affecting the Special Land Use under consideration.

(6)

If required, an Impact Assessment including the information as detailed in Section 14.3.2.2.E.

14.3.2.2.E

Submission requirements for impact assessments. With each application for a major site plan, and for all PUD, subdivision plat, and condominium projects, a written impact assessment shall be submitted with the following information:

(1)

Name(s) and address(es) of person(s) responsible for preparation of the impact statement.

(2)

General description of existing and proposed deed restrictions, if any.

(3)

A written description of the environmental characteristics of the site prior to development, i.e., topography, soils, vegetative cover, drainage, streams, creeks or ponds.

(4)

Existing and proposed future uses and other man-made facilities.

(5)

The number of residents, workers, visitors, or patrons and vehicular and pedestrian traffic.

(6)

Phasing of the project including ultimate development proposals.

(7)

Natural features which will be retained, removed, and/or modified including vegetation, drainage, hillsides, streams, wetlands, woodlands, wildlife, and water. The description of the areas to be changed shall include their effect on the site and on adjacent properties. An aerial photo may be used to delineate the areas of change.

(8)

The method to be used to serve the development with water and sanitary sewer facilities.

(9)

The method to be used to control drainage on the site and from the site.

(10)

If public sewers are not available to the site, the applicant shall submit a current approval from the District Health Department or the Department of Environmental Quality indicating approval of plans for sewage treatment.

(11)

The method to be used to control any increase in effluent discharge to the air or any increase in noise level emanating from the site. Consideration of any nuisance that would be created within the site or external to the site whether by reason of dust, noise, fumes, vibration, smoke or lights.

(12)

Description of measures to control soil erosion, sedimentation and stormwater runoff during grading and construction operations and until a permanent ground cover is established.

(13)

Type, direction and intensity of outside lighting.

(14)

An indication of how the proposed use conforms with existing and potential development patterns and any adverse effects.

(15)

The "environmental protection provisions" of Section 5.10 shall be addressed when applicable.

14.3.2.2.F

Submission requirements for temporary certificates of zoning compliance. All applications for a Temporary Certificate of Zoning Compliance shall require the following minimum submissions, unless waived by the Zoning Administrator:

(1)

A fully completed Temporary Zoning Permit application on a form supplied by the Zoning Administrator, including at minimum the applicant's name and the location and effective dates of all permitted temporary buildings, structures, or uses.

(2)

Any other information deemed necessary by the Zoning Administrator to properly administer this Ordinance, such as:

a)

Use and placement of signs

b)

Provision for security and safety measures

c)

Control of nuisance factors

d)

Elements of a performance guarantee

TABLE 14-1

14.3.2.3

Simultaneous processing of applications. Whenever two or more forms of review and approval are required under this Ordinance (e.g., a Special Land Use Permit and a Variance), the applications for those development approvals may, at the option of the Zoning Administrator, be processed simultaneously, so long as all applicable requirements are satisfied for both applications.

14.3.2.4

Fees.

14.3.2.4.A

Determination of fees. The Village may charge reasonable fees sufficient to cover the costs of administration of this Ordinance. The Village Council may from time to time adopt by resolution a fee schedule to accompany all applications submitted under this Ordinance. Fees shall be based on actual direct costs of inspection and supervision or consultation with qualified professionals (where reasonably necessary), resulting from the enforcement of this Ordinance, including the enforcement of conditions of a permit or approval, and may include the cost of filing approvals with other entities, such as with the Zoning Administrator. Such fees may also include but are not limited to all costs associated with conducting a public hearing or inspection, including publishing the newspaper notice and any map, sending required notices to property owners and renters, photocopying, staff time, Planning Commission, Village Council and/or Zoning Board of Appeals meeting time, mileage and any costs associated with reviews by qualified professional planners, engineers, scientists, and/or other professionals. The fee schedule and any amendments shall be available at the Village Clerk's office following adoption by the Village Council.

14.3.2.4.B

Fees to be paid. No application shall be processed until the established fee has been paid; except that the Village Council in the resolution establishing zoning fees, may exempt Village projects or the projects of other governmental agencies from all or part of the fees. The Office of Zoning Administrator shall keep accurate records of all fees and payments. Such records are public records open for public inspection.

14.3.2.4.C

Additional costs and fees for professional reviews.

(1)

If the Planning Commission, Zoning Board of Appeals, or Zoning Administrator determines that the basic zoning fees will not cover the actual costs of application review or appeal, or that the participation of a qualified professional engineer, planner, attorney or other qualified professional is necessary, then the applicant shall deposit with the Village Treasurer additional fees as determined by the Zoning Administrator to equal the estimated amount of additional costs. The additional fees shall be held in escrow in the applicant's name and shall be used solely to pay for additional costs. Failure of the applicant to make any escrow deposit required under this Ordinance shall render the application incomplete or the appeal procedurally deficient, thereby justifying the denial of the application or the dismissal of the appeal. Any unexpended funds held in escrow shall be returned to the applicant following the final action on the application or the final decision on the appeal. Any actual costs incurred by the Village in excess of the amount held in escrow shall be billed to the applicant and shall be paid by the applicant prior to the issuance of any permit or the release of a final decision on an appeal. Failure of the applicant to make timely payment of any balance due will entitle the Village to place a lien on the subject property for the unpaid balance.

(2)

Professional review shall include a report indicating the extent of conformance or nonconformance with this Ordinance and identifying any problems which may create a threat to public health, safety, or the general welfare or to the quality of the air, water, or natural resources of the Village. Mitigation measures, alterations, or alternatives to a proposed design may be identified where they would serve to lessen or eliminate identified impacts. The applicant shall receive a copy of any professional review and a copy of the statement of expenses for the professional services rendered.

14.3.2.4.D

Refund of fees. Application fees are not refundable except where the Zoning Administrator determines that an application was accepted in error, or the fee paid exceeded the amount due, in which case the amount of the overpayment shall be refunded to the applicant.

14.3.2.5

Affidavit of compliance.

14.3.2.5.A

Applicability. Each application for a Certificate of Zoning Compliance or a conditional rezoning shall contain a signed and notarized affidavit stating that the applicant understands, and agrees to comply with the following laws when applicable to the lot, tract, or parcel in question. The applicant shall further affirm that said lot, tract, or parcel is not currently, and that the proposed use or construction shall not be, in violation of the following laws. The Affidavit of Compliance shall be deemed part of and a condition to the permit or approval.

14.3.2.5.B

Applicable laws.

(1)

The Land Division Act, Public Act 288 of 1967, being MCL 560.101 et seq., or the Condominium Act, Public Act 591 of 1978 being MCL 559.101 et seq.

(2)

The District Health Department Sanitary Code.

(3)

The Flood Plain regulations of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, Part 31, as amended.

(4)

Michigan Public Health Code, Public Act 368 of 1978, being MCL 333.12751 et seq.

(5)

Farmland and Open Space Preservation provisions of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, Part 361, being MCL 399.201 et seq.

(6)

Wetlands Protection provisions of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, Part 303, MCL 324.30301 et seq., as amended.

(7)

Inland Lakes and Streams provisions of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, Part 301, MCL 324.30141 et. seq., as amended.

(8)

"Miss Dig Law," Act 53, as amended.

(9)

Airport Zoning Act, Public Act 23 of 1950, being MCL 259.431 et seq.

(10)

Stille-DeRossett-Hale Single State Construction Code Act, Public Act 230 of 1972, being MCL 125.1501 et seq., and all of its associated codes related to building, plumbing, electrical, etc.

(11)

Michigan Department of Environmental Quality rules for Land Divisions, as amended.

(12)

The High Risk Erosion provisions of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, Part 323, being MCL 324.32305 et seq.

(13)

Any Michigan Department of Transportation driveway or access management regulations under Public Act 200 of 1969, being MCL 247.321.

(14)

All other State, Federal or local laws, rules, or regulations known to be applicable to the proposed building, structure or use of the property.

14.3.2.6

Determination of sufficiency.

14.3.2.6.A

Complete application. All applications for a Certificate of Zoning Compliance, Conditional Land Use Permit, Special Land Use Permit, PUD approval, subdivision plat, variance, appeal, text amendment, rezoning, or conditional rezoning or other authorization requested under this Ordinance must be complete before the permit issuing authority or approving body or official is required to consider the application.

14.3.2.6.B

Sufficiency review. Within fourteen (14) calendar days following receipt of the application, the Zoning Administrator shall determine if the application is complete, meets all relevant threshold requirements, and includes data in sufficient detail to evaluate the application to determine whether it complies with the requirements of this Ordinance. An application not reviewed for sufficiency within fourteen (14) calendar days, shall be considered complete and shall be processed as such. When the application is determined sufficient, it shall be reviewed pursuant to the appropriate procedures and standards of this Ordinance. If the Zoning Administrator determines the application is not sufficient, written notice shall be provided to the applicant specifying the application's deficiencies. If the applicant fails to correct the deficiencies within sixty (60) days, the application shall be considered withdrawn.

14.3.3

Permit details.

14.3.3.1

Performance guarantees for compliance.

14.3.3.1.A

Purposes. In authorizing any Certificate of Zoning Compliance, Temporary Certificate of Zoning Compliance, Conditional Land Use Permit, Special Land Use Permit, Planned Unit Development approval, platted subdivision, site plan approval, conditional rezoning, or variance, the approval body or official, as designated by this Ordinance, may require that a performance guarantee be furnished for the following purposes:

(1)

To ensure compliance with the requirements, specifications and conditions imposed with the grant of such approval, permit or variance;

(2)

To provide sufficient resources for the Village to complete required improvements or conditions in the event the permit holder does not; or

(3)

To ensure the discontinuance of a temporary use by a stipulated time.

14.3.3.1.B

Improvements covered. Improvements that shall be covered by the performance guarantee include, but are not necessarily limited to: streets and other roadways, utilities, fencing, screening, landscaping, common open space improvements, lighting, drainage and sidewalks. The term "improvements" should not be construed to mean the project itself, but rather those features associated with the project that are deemed necessary to protect the health, safety, and welfare of the Village resources and future users or inhabitants of the proposed project. The term "improvements" does not include improvements for which a performance guarantee has been deposited pursuant to the Land Division Act, Public Act 288 of 1967, as amended. The performance guarantee shall meet the following requirements:

(1)

Form: The performance guarantee shall be in the form of cash, certified check, irrevocable bank letter of credit, surety bond, or similar instrument acceptable to the Village Treasurer, which names the property owner as the obligor and the Village as the obligee.

(2)

Time when Required: The performance guarantee shall be submitted at the time of issuance of the permit authorizing the activity of the project. If appropriate, based on the type of performance guarantee submitted, the Village shall deposit the funds in an interest bearing account in a financial institution with which the Village regularly conducts business.

(3)

Amount and Type: The amount and type of the performance guarantee shall be determined by the body or official making the decision to approve the request, or if they have not done so, by the Zoning Administrator. The amount of the performance guarantee should be sufficient to cover the estimated cost of the improvements or conditions. The performance guarantee shall be reasonable, appropriate, and commensurate with the scope of the project. Additional guidelines for establishing the amount of a performance guarantee may be prescribed by resolution of the Village Council.

14.3.3.1.C

Return of performance guarantee.

(1)

The Zoning Administrator, upon the written request of the obligor, shall rebate portions of the performance guarantee upon determination (after an inspection) that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in proportion to the work completed on the applicable improvement or condition, and may be written as an element of the conditions surrounding the approval of the project.

(2)

After the inspection, the Zoning Administrator shall transmit a recommendation to the Planning Commission indicating approval, partial approval, or rejection of the improvements or conditions with a statement of the reasons for any rejections. If partial approval is indicated, the cost of the improvement or condition rejected shall be set forth.

(3)

The Planning Commission shall approve, partially approve or reject the improvements or conditions with the recommendation of the Zoning Administrator's written statement and shall notify the obligor in writing of the action of the Planning Commission within thirty (30) days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion adequately sufficient to secure provision of the improvements not yet approved.

(4)

Should installation of improvements begin and fail to meet full completion based on the approved Site Plan, or if the project area is reduced in size and improvements are only partially completed or conditions only partially met, the Village may complete the necessary improvements or conditions itself or by contract to an independent developer, and assess all costs of completing the improvements or conditions against the performance guarantee. Any unused balance remaining would be returned to the applicant; any excess expense would be recorded as a lien on the property.

14.3.3.1.D

Record of performance guarantee. A record of authorized performance guarantees shall be maintained by the Zoning Administrator.

14.3.3.2

General permit details.

14.3.3.2.A

Expiration. Certificates of Zoning Compliance, Conditional Land Use Permits, Special Land Use Permits, and Planned Unit Development approvals shall expire automatically, if, within one (1) year after the issuance of such permits, significant actual construction has not commenced (or the use has not commenced where no actual construction is required). Significant means more than one-third of the estimated expense of the development. Multi-phase PUDs shall conform with the requirements of Article 10.

14.3.3.2.B

Extensions. The permit-issuing authority may extend a permit for a period of up to six (6) months from the date when a permit would otherwise expire if it concludes that:

(1)

The permit recipient has proceeded with due diligence and in good faith, and

(2)

Conditions have not changed so substantially as to warrant a new application. One successive extension may be granted for a period of up to six (6) months upon the same findings. All extensions may be granted without resort to the formal application and review processes. Fees required for an extension shall be according to the Village fee schedule.

14.3.3.2.C

Withholding permits. The Zoning Administrator may withhold any Certificate of Zoning Compliance, Temporary Certificate of Zoning Compliance, Conditional Land Use Permit, Special Land Use Permit, or PUD approval pending verification that an applicant has received required Village, county, state, or federal permits, including but not limited to sanitary sewer and water tap-in permits, septic and water well permits, soil erosion and sedimentation control permits, wetlands permits, flood plain, culvert, or driveway permits. Final permit approval of the requested development activity will be conditioned upon the receipt of any other necessary government approvals, and the Village approval body can direct the Zoning Administrator not to issue the permit until those other permits have been obtained and copies filed with the Zoning Administrator.

14.3.3.2.D

Notification for inspection prior to occupancy. The Zoning Administrator shall perform inspections prior to issuance of a Certificate of Zoning Compliance and at such other time as is necessary to ensure conformance with this Ordinance and the conditions of any permit or approval. The holder of every permit involving Tier 2 or Tier 3 review shall notify the Zoning Administrator within 24 hours after completion of the work authorized by such permit for a final inspection and verification of the Certificate of Zoning Compliance.

14.3.3.2.E

Unresolved violation. The Zoning Administrator may refuse to issue a Certificate of Zoning Compliance to a person who is responsible for an unresolved violation of this Ordinance at the requested location, or another location within the jurisdiction of this Ordinance, until such time as the violation is satisfactorily corrected where such other unresolved violation poses reasonably similar risks.

14.3.3.2.F

Previous approvals. Nothing in this Ordinance shall require changes in the plans, construction, or designated use of a building for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which shall have been actively pursued within ninety (90) days after the effective date of this Ordinance; and the entire building shall be completed as authorized within two (2) years after the date of approval of the application, and provided that the construction was lawfully completed in accordance with the Ordinance, permit, and permit conditions.

14.3.3.2.G

Applicability of zoning approval. The approval to engage in any land use activity or to construct a building or structure that has received a Certificate of Zoning Compliance, Conditional Land Use Permit, Special Land Use Permit, PUD approval, or other permit issued under the authority of this Ordinance, or any variance granted by the ZBA, runs with the land, and not with the owner, just like a nonconforming use right. Thus, any person who builds or uses land based on a valid permit or approval granted under the terms of this Ordinance, and later dies, should rest assured that the rights, limitations and conditions granted in that permit automatically transfer to the new owner(s) of the land, provided there were no violations applicable to the land that were unresolved by the previous owner prior to his/her death. By the same token, any person may sell property to another person, who will enjoy the same rights, privileges and restrictions as the seller, provided that the seller, prior to the sale, used the property in conformance with a lawful permit and the land use was not in violation of this Ordinance prior to the sale.

14.3.3.3

Conditional and special land use permit details.

14.3.3.3.A

Permit revocation. In the event the Planning Commission believes the holder of a Conditional or Special Land Use Permit has failed to comply with one or more of the terms or conditions of the permit or of this Ordinance, the Planning Commission may schedule a hearing to consider the revocation of the permit. The permit holder shall be given reasonable notice of the hearing date, which shall in any event be not less than fifteen(15) days from the date of the notice. The notice of hearing shall include a written statement of the reasons for the possible revocation. The permit holder, interested parties, and the Zoning Administrator shall be allowed to appear at the hearing and to present evidence pertinent to whether the permit should be revoked. If the Planning Commission decides to revoke the permit, the use for which the permit was granted must cease within sixty (60) days of the hearing date. Failure to terminate the use for which the permit was revoked within sixty (60) days is declared to be a nuisance per se and a violation of this Ordinance. On the 60th day after the hearing, the Zoning Administrator may inspect the property and notice the permit holder that the use is a per se nuisance and a violation of this Ordinance.

14.3.3.3.B

Permit transferability. A Conditional or Special Land Use Permit may be transferred from one owner of the property to which it is affixed to the next owner of the same property provided that the permit holder is in compliance with the terms of the permit. A Conditional or Special Land Use Permit may not be transferred from one property to another property. A new owner may continue to use the property for the purposes for which the Conditional or Special Land Use Permit was granted as long as all conditions and terms of the permit are satisfied. Permit transfer is automatic, provided that within sixty (60) days of acquiring ownership the new owner registers his intent to continue the Conditional or Special Land Use with the Zoning Administrator on a form established for that purpose. The Zoning Administrator shall review with the new owner all the applicable Ordinance requirements that apply to the property and any special conditions imposed upon the Conditional or Special Land Use when the transfer form is submitted.

14.3.3.3.C

Termination with change of use. If there is a change in the use of a property for which a Conditional or Special Land Use Permit was issued, the Conditional or Special Land Use shall automatically terminate and the property shall only be used for a use permitted in the District in which the property is located. A Conditional or Special Land Use Permit for a seasonal use is also subject to termination if the season passes in which the Conditional or Special Land Use would normally occur and a different use is in place instead.

14.3.3.3.D

Reapplication. No application for a Special Land Use Permit which has been denied, wholly or in part, shall be resubmitted for a period of one (1) year from the date of the denial, except on satisfactory proof of substantially changed conditions, newly discovered evidence or a falsehood previously relied upon by the Village, which, through the exercise of normal diligence, could not have been discovered before the hearing as determined by the Zoning Administrator. A reapplication shall be processed as a new application.

14.3.3.3.E

Recording conditions with register of deeds. At the direction of the body or official making the final decision to approve a discretionary permit authorized by this Ordinance, or as otherwise may be specified by this Ordinance, or at the discretion of the Zoning Administrator, an approval or approval with conditions may be recorded with the Ontonagon County Register of Deeds. The following requirements shall be met with each recording:

(1)

The applicant shall record an affidavit which has received the approval of the Village Attorney containing the full legal description of the project site, containing the approved site plan, the specific terms of any permit, any documents that pertain to permanent preservation of open space, the date of final Village approval, and declaring that all improvements will be carried out in accordance with the approved site plan or variance unless an amendment thereto is adopted by the Village. In addition, all deed restrictions and easements associated with the property shall be duly filed with the Register of Deeds of the County, and copies of all recorded documents shall be presented to the Zoning Administrator. These documents shall be binding upon the landowners, their successors and assigns, and shall constitute the development regulations for the land. The applicant shall submit proof to the Zoning Administrator that these documents have been recorded with the County Register of Deeds within ninety (90) calendar days of project approval or the approval shall be rendered invalid. Once the proper documents have been recorded with the County Register of Deeds, the applicant may proceed, consistent with the approved Site Plan and Permit, to develop the land.

(2)

A copy of any agreement between joint users of parking areas shall be filed with the application for a Certificate of Zoning Compliance and recorded with the Register of Deeds. The agreement shall include a guarantee for continued use of the parking facility by each party and clearly spell out maintenance responsibilities. A copy of all recorded documents shall be presented to the Zoning Administrator.

(3)

All documents to be recorded with the County Register of Deeds at the initiative of the Village shall be first reviewed and approved as to form and content by the Village Attorney or other legal representative of the Village retained for that purpose.

14.3.3.3.F

As-built drawings. "As-built" plans or construction drawings that demonstrate compliance with this Ordinance shall be filed with the Zoning Administrator immediately after construction is completed for any permit or approval requiring a Tier 3 Review.

14.3.3.4

Temporary certificates of zoning compliance permit details.

14.3.3.4.A

Renewing. Temporary Certificates of Zoning Compliance which are renewable may be renewed in the same manner as issuance of the original permit, except the application for renewal shall be filed at least fifteen (15) days prior to the expiration date of the current permit, and applications for renewal or extension of a permit for less than fifteen (15) days may be applied for no later than three (3) days prior to the expiration date of the current permit. Fees may be assessed in accordance with the Village Fee Schedule.

14.3.3.4.B

Performance guarantee. The Zoning Administrator may require a performance guarantee in the form of cash, check or savings certificate or irrevocable bank letter of credit be deposited with the Village Treasurer in an amount equal to the estimated cost of removing any temporary structure for which a Temporary Certificate of Zoning Compliance is authorized under this Section for use in the event it is not removed by an applicant at the end of an authorized period. Prior to the issuance of a temporary permit, the applicant shall sign an affidavit holding the Village harmless against any claim for damages if the Village were to subsequently use the performance guarantee to remove the temporary structure after its authorized period had expired. The performance guarantee shall be returned to the applicant when all the terms and conditions of the Temporary Certificate of Zoning Compliance have been met the temporary use or structure has been removed by the applicant.

14.3.3.4.C

Permit revocation. A Temporary Certificate of Zoning Compliance may be revoked at any time for any of the following reasons:

(1)

Nonconformance with the requirements of this Section and/or a permit issued thereunder;

(2)

Evidence that the Temporary Certificate of Zoning Compliance was obtained by misrepresentation or fraud;

(3)

That one (1) or more of the conditions of the Temporary Certificate of Zoning Compliance have not been met; and

(4)

That the temporary use is in violation of any statute, ordinance, law, or regulation.

(5)

The Temporary Certificate of Zoning Compliance has expired by its terms or the provisions of the Ordinance.

14.3.3.4.D

Cessation upon revocation. Upon expiration or revocation of a Temporary Certificate of Zoning Compliance for a temporary use, building or structure, the temporary use shall cease and all temporary structures, dwellings, or buildings shall be removed from the parcel of land. Any use or structure established under a Temporary Certificate of Zoning Compliance shall not give rise to any vested rights of use or property except for a limited lawful use during the term of and in accordance with the Temporary Certificate of Zoning Compliance.

14.3.3.4.E

Appeal. An appeal of a decision by the Zoning Administrator relative to approval or denial of a Temporary Certificate of Zoning Compliance for a temporary use or renewal thereof may be taken to the Zoning Board of Appeals pursuant to the conditions outlined in this Ordinance.

14.3.4

Permit review and approval process. The bodies and officials responsible for review of permit applications under this Ordinance shall approve all applications that conform as submitted with the requirements of this Ordinance; shall approve with conditions all applications that would conform if certain conditions, authorized by the Ordinance, were met; and shall deny all applications that do not conform with the Ordinance and would not likely conform even if mitigating conditions were imposed as a condition of approval.

14.3.4.1

Intent. The intent of the procedures and standards for permit review and approval is to ensure that developments are compatible with adjacent uses, do not negatively impact surrounding properties, and provide for the orderly development of the Village of Ontonagon. Specifically, development decisions are intended to ensure the use of land in appropriate locations and relationships; to limit the inappropriate overcrowding of land and congestion of the population, transportation systems, and other public facilities; to facilitate adequate and efficient provision for transportation systems, sewage disposal, water, energy, education, recreation, and other public service and facility requirements; and to promote public health, safety, and welfare.

14.3.4.2

Basis of determination. During the review and approval process, the following shall serve as a general basis of determination in addition to all other applicable standards contained in this Ordinance:

14.3.4.2.A

Intent of the zoning district;

14.3.4.2.B

Characteristics and intensity of proposed and adjacent uses, including assembly of people associated with the use;

14.3.4.2.C

Physical characteristics of existing or proposed structures;

14.3.4.2.D

Suitability of the proposed landscape buffers for the intended purpose;

14.3.4.2.E

Vehicular and pedestrian traffic volumes and patterns, particularly in relation to public safety;

14.3.4.2.F

The physical characteristics of the site;

14.3.4.2.G

Demands upon public services and facilities;

14.3.4.2.H

The type and amount of litter, waste, noise, dust, traffic, fumes, glare, and vibration which may be generated by such use;

14.3.4.2.I

Area requirements for the proposed use, and the potential for the area requirements to expand;

14.3.4.2.J

Other factors necessary to maintain property values in the neighborhood and guarantee safety, light, air, and privacy to the principle uses in the district;

14.3.4.2.K

Compliance with the current Village of Ontonagon Master Plan.

14.3.4.3

Pre-application conference. Except for PUDs (Article 10) a pre-application conference is optional prior to submission of any application for development approval under this Ordinance.

14.3.4.3.A

Purpose. The purpose of a pre-application conference is to inform the applicant about the application requirements, the applicable provisions of this Ordinance that relate to the proposed development, and the application review procedures.

14.3.4.3.B

Initiation of pre-application conference. Any potential applicant may request a pre-application conference with the Zoning Administrator. Along with the request for the pre-application conference, the applicant may provide to the Zoning Administrator a description of the proposed development, the type of development approval sought, the location of the proposed project, and any other appropriate supporting documents such a concept plan, maps, drawings, models, and any other information the Zoning Administrator deems necessary for the pre-application conference. The Zoning Administrator shall schedule a pre-application conference after receipt of a request for a pre-application conference and any appropriate submission materials.

14.3.4.3.C

Review process. At the pre-application conference the applicant, the Zoning Administrator, and any other Village staff and regional, state, federal or adjacent local government representatives the Zoning Administrator deems appropriate to attend the pre-application conference, shall discuss the proposed development and the applicable procedures and standards.

14.3.4.4

Tier 1 review.

14.3.4.4.A

Applicability. A Tier 1 review applies to any of the following, where proposed use does not require any variance, and site plan conforms with all requirements of this Ordinance:

(1)

Single Family and two-family residential dwellings and their accessory structures on individual parcels;

(2)

All nonresidential developments that are not classified as subject to a conditional or special land use permit;

(3)

Accessory uses incidental to a conforming existing use;

(4)

Expansion and/or addition to an existing conforming use;

(5)

Accessory storage buildings in all Zoning Districts;

(6)

Commercial interior remodeling;

(7)

Paving;

(8)

Amendments to approved site plans (see Section 14.5.8);

(9)

Final site plans;

(10)

Any other site plans not delegated for review by the Planning Commission.

14.3.4.4.B

Review process. After an application is determined sufficient, the Zoning Administrator shall review the application while directing the applicant to contact any other review agencies for comment. After all necessary input is received, the Zoning Administrator shall render a written decision on the application within ten (10) days, except that where the applicant or the Zoning Administrator so requests; then the site plan shall be reviewed by the Planning Commission subject to their schedule, before final action by the Zoning Administrator within ten (10) days after the Planning Commission meeting. The Zoning Administrator shall take action to approve, approve with conditions, or deny with stated reasons.

14.3.4.5

Tier 2 review.

14.3.4.5.A

Applicability. A Tier 2 review applies to any of the following:

(1)

Individual single-family homes, duplexes, and accessory buildings associated with them, located within seventy-five (75) feet of the ordinary high water mark or the shoreline of an inland lake, stream or river;

(2)

Any use permitted by right with conditions, which is specified as requiring site plan review in this Ordinance;

(3)

Ponds up to five (5) acres in size, and those located within five-hundred (500) feet of a lake, river, stream, or open Village drain;

(4)

Any other land use requests referred to the Planning Commission by the Zoning Administrator.

14.3.4.5.B

Preparation of staff report. The Zoning Administrator shall prepare a Staff Report which shall state whether the application complies with all appropriate standards of this Ordinance. Conditions for approval may also be recommended to eliminate any areas of noncompliance or mitigate any adverse effects of the development proposal. Staff reports may be prepared by a consultant to the Village where authorized by the Village Council.

14.3.4.5.C

Review process.

(1)

The Zoning Administrator shall review the site plan per Section 14.3.4.5 and make a determination in accordance with the criteria described in Section 14.5.6, and such other standards contained in Article 9 of the Ordinance which relate to the conditional land use under consideration. A request for approval of a conditional land use which the Zoning Administrator finds is in compliance with Ordinance standards, other applicable ordinances, and state and federal statutes, shall be approved.

(2)

The Zoning Administrator may refer the application for a Conditional Land Use Permit to the Planning Commission for a decision. The Planning Commission shall review the site plan and make a determination in accordance with the same criteria in the same way as the Zoning Administrator, and in accordance with their standard review procedures. A request for approval of a land use or activity which the Planning Commission finds is in compliance with Ordinance standards, other applicable ordinances, and state and federal statutes, shall be approved.

(3)

Upon approval, the Zoning Administrator shall prepare and issue a permit to the applicant incorporating the conditions of approval. If the application is denied, the Zoning Administrator shall identify the reasons for that denial. In such a case, an aggrieved applicant may appeal the Zoning Administrator's determination to the Zoning Board of Appeals, as described in Article 14.

14.3.4.6

Tier 3 review.

14.3.4.6.A

Applicability. A Tier 3 review applies to any of the following:

(1)

All platted subdivisions and condominium projects;

(2)

All Special Land Uses;

(3)

All Planned Unit Developments;

(4)

All conditional rezoning requests;

(5)

Conversions of an existing building or part thereof from a residential use to a nonresidential use; including resulting site improvements;

(6)

All expansions or enlargements to nonconforming uses or nonconforming structures that result in a need for additional parking spaces, per the standards of this Ordinance;

(7)

All ponds or lakes greater than five (5) acres;

(8)

Any earthwork greater than 20,000 square feet in size;

(9)

All other site plans for new land uses, expansions, or changes of use of existing land uses requiring:

a)

A principle structure of more than five thousand (5,000) square feet or;

b)

More than two (2) acres to be used for nonresidential land uses.

14.3.4.6.B

Preparation of staff report. The Zoning Administrator shall prepare a Staff Report which shall state whether the application complies with all appropriate standards of this Ordinance. Conditions for approval may also be recommended to eliminate any areas of noncompliance or mitigate any adverse effects of the development proposal. The Staff Report may be prepared by a consultant to the Village where authorized by the Village Council. The Staff Report shall be made available to the public five (5) calendar days before the first scheduled public hearing on the application.

14.3.4.6.C

Public hearing: planning commission.

(1)

The public hearing shall be scheduled so there is sufficient time for a Staff Report to be prepared and for the public notification requirements of this Ordinance to be satisfied per the provisions of Section 14.4.1.

(2)

After notice, the Planning Commission shall conduct the hearing in accord with the provisions of Section 14.4.2.

14.3.4.6.D

Review process.

(1)

The Planning Commission shall review the application, public comments, the Site Plan, and other pertinent information received, and shall make a determination in accordance with the criteria described in Section 14.5.6, and such other standards contained in Article 9 of the Ordinance which relate to the Special Land Use under consideration.

(2)

The Planning Commission may, by majority vote of its members, deny, approve, or approve with conditions the Special Land Use application. Its decision shall be incorporated in a statement of conclusions about the Special Land Use under consideration, and shall specify the basis for the decision and any conditions imposed. A request for approval of a land use or activity which the Planning Commission finds is in compliance with Ordinance standards, other applicable ordinances, and state and federal statutes shall be approved.

(3)

Upon approval, or approval with conditions, the Zoning Administrator shall prepare and issue a permit to the applicant incorporating the conditions imposed, if any, by the Planning Commission.

(4)

An appeal of a decision by the Planning Commission to approve, deny, or approve with conditions a Special Land Use Permit application may be taken to Circuit Court, and may not be first appealed to the Zoning Board of Appeals.

14.3.4.7

Temporary certificates of zoning compliance.

14.3.4.7.A

Applicability. Temporary Certificates of Zoning Compliance for those uses specifically authorized in Section 5.2.6.

14.3.4.7.B

Review process. The application for the Temporary Certificate of Zoning Compliance may be approved, modified, conditioned, or denied by the Zoning Administrator based on the standards established in Section 14.5.6.3, and subject to such conditions as are reasonably necessary to minimize adverse impacts on abutting property, and protect the public health, safety and general welfare. The Zoning Administrator may refer the application for a Temporary Certificate of Zoning Compliance to the Planning Commission for a decision. The Planning Commission shall apply the same procedures and standards as the Zoning Administrator.

14.3.4.8

Variances. If it is evident that in order for a site plan to be approved, one or more variances must be obtained, the Zoning Administrator shall so inform the applicant and explain the procedural steps and implications of initiating a variance request immediately following action by the Planning Commission. The applicant shall make the decision as to when or whether to proceed with a variance request.

14.3.4.9

Appeals. Any applicant that feels aggrieved by the decision of the Zoning Administrator or Planning Commission may appeal the decision to the Zoning Board of Appeals within twenty-one (21) calendar days of receipt of the decision. The ZBA shall review the decision of the Zoning Administrator to ensure that it is consistent with the standards contained in this Ordinance and rules established by agencies responsible for site plan review. The ZBA shall give written justification for their decision. The ZBA may not grant a variance to any element of a site plan unless an application for a variance has been filed; any such variance request shall be reviewed relative to the requirements of Article 14.

14.4.1

Public notice.

14.4.1.1

Public notification. All applications for development approval requiring public hearings shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006, as amended.

14.4.1.1.A

Content. All notices for public hearings, including those by publication in a newspaper or mail shall:

(1)

Identify the name, address, and telephone number of the applicant or the applicant's agent

(2)

Describe the nature, scope, and purpose of the application or proposal

(3)

Identify the property that is the subject of the request, including a listing of all existing street addresses within the property, or if there is no street address the nearest cross street (street addresses are not required to be listed for any group of eleven (11) or more adjacent properties that are proposed for rezoning).

(4)

Indicate the date, time, and place of the public hearing(s)

(5)

Include a statement that the public may appear at the public hearing in person or by counsel, be heard, and submit evidence and written comments with respect to the application.

(6)

Include a statement describing when and where written comments will be received prior to the public hearing

(7)

Add information concerning how handicapped access will be accommodated if the meeting facility is not handicap accessible.

14.4.1.1.B

Notice requirements. When the provisions of this Ordinance require notice, the Zoning Administrator shall be responsible for preparing the content of the notice and implementing as follows:

(1)

Publish the notice in a newspaper of general circulation in the Village not less than fifteen (15) days before the date of the hearing.

(2)

Personally deliver, or deposit notice during normal business hours for delivery with the United States postal service or other public or private delivery service, not less than fifteen (15) days before the date of the hearing, to the following parties (except this provision does not apply to rezoning of any group of eleven (11) or more adjacent properties):

a.

All owners of the property that is the subject of the request.

b.

All persons to whom real property is assessed within three-hundred (300) feet of the property that is the subject of the request.

c.

Occupants of all structures within three-hundred (300) feet of the subject property regardless of whether the property or structure is located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.

d.

Each electric, gas, and pipeline utility company, each telecommunication service provider, each railroad operating within the district or zone affected, and the airport manager of each airport, that registers its name and mailing address with the Village Clerk for the purpose of receiving the notice of public hearing.

e.

For appeals of administrative decisions, requests for Ordinance interpretation, and variance requests to the Zoning Board of Appeals, if the request does not involve a specific parcel of property, notice need only be published as provided in (1) above and given to the person making the request as provided in (2) above.

(3)

Notice by mail/affidavit: Notice shall be deemed mailed by its deposit during normal business hours for delivery with the United States postal service, or other public or private delivery service, by first class, properly addressed, postage paid. The Zoning Administrator shall prepare a list of property owners and registrants to whom notice was mailed.

14.4.1.1.C

Timing of notice. Unless otherwise provided in the Michigan Zoning Enabling Act, PA 110 of 2006, or this Ordinance, notice shall be provided not less than fifteen (15) days before the hearing.

14.4.1.2

Registration to receive notice by mail. The Village Clerk shall provide copies of all applications for development approval to the Zoning Administrator, who will provide notice to organizations that have submitted requests for written notice. Fees may be assessed in accordance with P.A. 267 of 1967, as amended for the provision of this notice. To be eligible for registration, the requesting party must provide the information in the form required by the Village Clerk to ensure notification can be made. All persons that have been registered must reregister annually to remain registered and continue to receive notification pursuant to this Section.

14.4.1.3

Deferral of review of application.

14.4.1.3.A

Submission of request. Any request for a deferral of a public hearing until a later date shall be submitted in writing to the Zoning Administrator.

14.4.1.3.B

Zoning administrator review. The Zoning Administrator shall approve a request for deferral if it has been submitted prior to the time of notice of a public hearing. The date of the public hearing at which the application will be heard shall be set at the time the deferral is granted by the Zoning Administrator. The decision-making body may defer consideration at a public hearing on its own motion at any time.

14.4.1.4

Withdrawal of application.

14.4.1.4.A

Submission of application. Any request for a withdrawal of an application shall be submitted in writing to the Zoning Administrator.

14.4.1.4.B

Prior to notice of public hearing. The Zoning Administrator shall approve a request for withdrawal of an application if it has been submitted prior to the time of notice of a public hearing.

14.4.1.4.C

Withdrawal. The Planning Commission may allow an applicant to withdraw an application at the request of the applicant at the public hearing.

14.4.1.5

Notification of decision. Notification of a decision on an application for development approval shall be provided by the Zoning Administrator to the applicant by mail within fourteen (14) days after the decision. A copy of the decision shall also be made available to the public at the offices of the Zoning Administrator, during normal business hours.

14.4.1.6

Reconsideration of applications.

14.4.1.6.A

General. Whenever any application for development approval is disapproved, a similar application for all or a part of the same land shall not be considered for a period of one (1) year after the date of disapproval unless a Waiver of Time Limit is approved by the decision-making body pursuant to the requirements of part (b) "Waiver of Time Limit" below. Only one request for Waiver of Time Limit may be submitted by the applicant during the one-year period.

14.4.1.6.B

Waiver of time limit. The Waiver of Time Limit shall be approved only upon a finding by two-thirds of the membership of the decision-making body that:

(1)

There is a substantial change in circumstances relevant to the issues or facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the application; or

(2)

New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed; or

(3)

A new application is proposed to be submitted that is materially different from the prior application; or

(4)

The final decision on the application was based on a material mistake or omission of fact that if known, would likely have resulted in a different determination.

14.4.1.7

Examination and copying of an application/other documents. At any time upon reasonable request and during normal business hours, any person may examine an application, the Staff Report, and materials submitted in support of or in opposition to an application in the office of the Zoning Administrator, subject to recognized exceptions under the Freedom of Information Act, or other state or federal law. Copies of such materials shall be made available at a reasonable cost.

14.4.2

Public hearing.

14.4.2.1

Public hearing procedures. All public hearings including but not limited to amendments to the text of this Ordinance and Zoning Map on a Rezoning; Conditional Rezoning; Planned Unit Development Permits; Condominium Project Permits, Conditional Land Use Permits; Special Land Use Permits; Variances, Ordinance Interpretations and Appeals, held pursuant to this Ordinance shall comply with the following procedures:

14.4.2.1.A

Conduct of public hearing.

(1)

The burden of demonstrating that an application complies with applicable review and approval standards of this Ordinance is on the applicant, not the Village.

(2)

Any person may appear at a public hearing and submit evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state an address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.

(3)

The Planning Commission, the Zoning Board of Appeals, or the Village Council may place reasonable and equitable limitations on the presentation of evidence and arguments including, as they believe necessary in a particular instance, excluding testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious.

(4)

In the event any testimony or evidence is excluded as irrelevant, immaterial or unduly repetitious, the person offering such testimony or evidence shall have an opportunity at that meeting to offer such testimony or evidence in writing for the record. Such offer shall be made at the public hearing and promptly provided.

(5)

Continuance of Public Hearing.

a.

The body conducting the public hearing may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time and place and may keep the public presentation portion of the public hearing open to take additional testimony up to the point a final decision is made. An applicant shall have the right to request and be granted one continuance; however, all subsequent continuances shall be granted at the discretion of the body conducting the public hearing only upon good cause shown.

b.

A public hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements of this Section, provided that the continuance is set for a date within thirty-six (36) hours, and the date, time and place of the continued hearing is announced at the time of the continuance and there is continued compliance with the Open Meetings Act (P.A. 267 of 1976, Section 15.265(5)).

14.4.2.1.B

General procedures and findings at public hearing.

(1)

The body conducting the hearing shall act in accord with any time limits established in this Ordinance. Action shall be taken as promptly as possible in consideration of the interests of the applicant, the citizens of the Village and the Village, and shall include a statement of a recommendation or decision of approval or disapproval (whichever is appropriate).

(2)

The form of all decisions shall include at least the following elements:

a.

A summary of the relevant information presented before the decision-making body.

b.

Summary of evidence in record.

c.

A statement of findings or other factors considered, whichever is appropriate, and a statement of the basis upon which such facts were applied with respect to the relevant review standards, if required by state law.

d.

A motion that includes approval, approval with specified conditions or disapproval (whichever is appropriate based on the findings above).

e.

A decision is final upon approval of the minutes of the body conducting the hearing at the next regularly scheduled meeting or at a special meeting of the decision-making body and as signified by the signature of the chairperson.

14.5.1

Authorization. Section 502 of the Michigan Zoning Enabling Act, P.A. 110 of 2006, permits a Village to require the submittal, review, and approval of a site plan detailing what is proposed on a property, in order to ensure conformance with this Ordinance and the applicable regulations of other government agencies, prior to granting zoning approval. Site plan review is a very important tool to ensure that the public health, safety and welfare of the community is protected as land is developed or redeveloped.

14.5.2

Purpose and intent. It is the purpose of this section to require site plan review for certain buildings, structures, and uses that can be reasonably expected to have a significant impact on the air, water, and other natural resources, traffic patterns, the character of development and existing land uses in the area, or the capacity of public infrastructure and services. The requirements contained in this section are intended to reduce the hazards to life and property due to fire, flooding, soil erosion, poor surface water drainage, inadequate private sewage disposal systems, pollution, dust, fumes, noise, vibrations, noxious odors and other hazards; and to promote and facilitate the adequate provision of a system of roads, streets and parking, sewage disposal, drainage, public education, recreation and other public improvements, and to promote the harmonious relationship of land uses through proper design.

14.5.3

Site plan review committee. The Planning Commission shall serve as the Site Plan Review Committee.

14.5.4

Site plan review fee. A fee shall be charged to the applicant for site plan review based on a schedule developed by the Planning Commission and approved by the Village Council.

14.5.5

Site plan review procedures.

The Planning Commission shall act on a complete application within thirty (30) calendar days after its acceptance as a complete application by the Zoning Administrator. This time limitation may be extended only by the mutual consent of the applicant and the Committee Chair person.

If any Planning Commission member demonstrates there is a lack of compliance of a proposed site plan with the applicable rules, standards, or ordinances, that site plan shall not be approved until compliance is acknowledged. Any disapproval of a site plan shall be accompanied by the reasons for that disapproval and provided, in writing, to the applicant in a timely fashion. Site plans may be approved with reasonable conditions.

An approval of a site plan for a Conditional Land Use, Special Land Use, Planned Unit Development, condominium project, subdivision plat or conditional rezoning does not constitute the final approval of an applicable permit. Standards for review and approval of a Conditional Land Use Permit or a Special Land Use Permit are described in Article 9. Standards for review and approval of a condominium project and subdivision plats are described in Article 9. Standards for review and approval of a PUD are described in Article 10. Standards for review and approval of a conditional rezoning request are described in Section 14.7 Amendments.

14.5.6

Site plan review standards. A site plan shall be approved if it contains the information required by the Ordinance and is in compliance with the standards required in the Ordinance, and with other applicable ordinances, and state and federal statutes.

14.5.6.1

General standards. In reviewing a minor or major Site Plan, the Planning Commission shall consider the following standards, as applicable. Additional standards for conditional land uses, special land uses, and condominium projects (all in Article 9) and PUDs (Article 10) also apply and shall be reviewed as part of the Site Plan Review process.

14.5.6.1.A

Checklist. The Zoning Administrator shall prepare a checklist of the following standards to ensure each is reviewed and compliance is determined prior to approval.

14.5.6.1.B

Requirements.

(1)

The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this Ordinance.

(2)

Ingress and egress to the property and proposed structures thereon shall provide motor vehicle and pedestrian safety and convenience, efficient traffic flow and control, and easy access in cases of fire, catastrophe or emergency.

(3)

Every structure or dwelling unit shall have access to a public or approved private street, walkway, or other areas dedicated to common use.

(4)

Appropriate measures shall be taken to ensure that dewatering on a site will not adversely affect neighboring properties or the Village storm drainage system.

(5)

Provisions shall be made for the construction of storm sewer facilities including grading, gutters, piping and treatment of turf to handle storm water, prevent erosion and the formation of dust. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicle or pedestrian traffic or create puddles in paved areas.

(6)

That as many natural features of the landscape shall be retained as possible where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes and, where they assist in preserving the general appearance of the neighborhood or help control erosion or the discharge of storm waters.

(7)

That any adverse effects of the proposed development and activities emanating there from upon adjoining residents or owners shall be minimized by appropriate screening, fencing, or landscaping.

(8)

That existing stands of trees and large individual trees will be preserved to the extent feasible, especially along property boundaries and any lot line shared with a public road.

(9)

Off-street parking and loading areas where required, shall be satisfactory in size, shape and design and not present noise, glare, odor or other nuisance effects on adjoining properties and properties in the proposed development above a level enjoyed by existing similar uses in the area, or in that zone.

(10)

The type, dimensions and character of open spaces, landscaping, screening and buffering shall enhance the design, character, use and value of the property and abutting lands and waters.

(11)

Any exterior lighting shall be designed to prevent unnecessary illumination of the night sky and shall be shielded from adjacent properties.

(12)

Signs, if any, and their proposed size, shape, height and lighting relative to glare, traffic safety, and economic effect, shall be aesthetically pleasing, compatible and in harmony with signs, structures and uses of adjoining properties.

(13)

Garbage storage and disposal and recycling bins shall be designed to ensure no vermin or rodent infestation and easy access to facilities which are screened from view from the street or abutting properties when not in use.

(14)

The applicant shall demonstrate that reasonable precautions will be made to prevent hazardous substances from entering the soil or water with special attention to the following:

a.

Sites at which hazardous substances are stored, used or generated shall be designed to prevent spills and discharges to the air, surface of the ground, groundwater, lakes, streams, rivers, or wetlands.

b.

Secondary containment for above ground areas where hazardous substances are stored or used shall be provided. Secondary containment shall be sufficient to store the substances for the maximum anticipated period of time necessary for the recovery of any released substances.

c.

General purpose floor drains shall only be allowed if they are approved by the responsible agency for connection to a public sewer system, an on-site closed holding tank (not a septic system), or regulated through a State of Michigan groundwater discharge permit.

d.

State and federal rules for record keeping, emergency response, transport and disposal of hazardous substances shall be met. No discharges to groundwater, including direct and indirect discharges, shall be allowed without required permits and approvals.

e.

Underground storage tank installation, operation, maintenance, closure, and removal shall be in accordance with the requirements of the Michigan Department of Environmental Quality.

f.

Bulk storage facilities for pesticides and fertilizers shall be in compliance with requirements of the Michigan Department of Agriculture.

g.

No hazardous substances shall be stored in designated wellhead protection areas.

(15)

All storm water drainage plans shall be approved and sealed by a Michigan Registered Professional Civil Engineer. The Planning Commission may waive this requirement, defer the requirement, or request a fully engineered storm drainage plan. After completion of construction, an "as-built" drawing and plan of the development, sealed by a Registered Professional Civil Engineer, shall be filed with the Planning Commission showing erosion control plans, the standards of this Ordinance, and any conditions of permit approval.

(16)

Historic structures and historic or archeological artifacts will be properly respected and preserved.

(17)

On site pathways, bicycle paths, and snowmobile trails shall minimize negative impacts on other users of the site and adjoining property and shall connect with abutting trails or pathways whenever feasible. New uses shall not impede the use of existing off site trails.

14.5.6.2

Special land use review standards. The Planning Commission shall make a specific finding of compliance with each of the following standards:

14.5.6.2.A

The Special Land Use shall be designed, constructed, operated, and maintained in a manner harmonious with the character of adjacent property and the surrounding area.

14.5.6.2.B

The Special Land Use shall not change the essential character of the surrounding area.

14.5.6.2.C

The Special Land Use shall not be detrimental to the health, safety or welfare of persons or property through the excessive production of traffic, noise, smoke, fumes, ground vibration, water runoff, odors, light, glare or other features of the proposed use.

14.5.6.2.D

The Special Land Use shall not place demands on public services and facilities in excess of current capacity unless planned improvements have already been scheduled for completion.

14.5.6.2.E

The Special Land Use shall meet the requirements of Article 9 specific to that use.

14.5.6.2.F

The Special Land Use shall meet all other general requirements as presented in Article 5.

14.5.6.2.G

The Special Land Use shall conform with all applicable Village, county, state, and federal requirements for that use.

14.5.6.2.H

The applicant is in substantial compliance with any previously issued Zoning Permits and is not otherwise disqualified from receiving a permit under Section 14.8 of the Ordinance.

14.5.6.2.I

The Planning Commission may impose conditions with approval of a Special Land Use Permit which are necessary to ensure compliance with the standards for approval stated in this Section and any other applicable standards contained in this Ordinance. Such conditions shall be considered an integral part of the Special Land Use Permit.

14.5.6.3

Standards for temporary uses. A permit for a proposed temporary use shall be issued by the Zoning Administrator only if each of the following criteria is met:

14.5.6.3.A

The proposed use is clearly of a temporary nature.

14.5.6.3.B

The temporary use shall not endanger the public health, safety or welfare of the Village, or adjacent residents.

14.5.6.3.C

Structures of temporary uses shall be provided, if required, with safe, sanitary and effective systems for water supply and disposal of wastes, approved by the Health Department.

14.5.6.3.D

The proposed temporary use shall meet all lot, yard, setback and other requirements of this Ordinance.

14.5.6.3.E

The proposed temporary use is not a Special Land Use of the respective zoning district.

14.5.6.3.F

The nature and intensity of the temporary use and the size and placement of any temporary building or structure shall be planned so that the temporary use, building or structure will be compatible with existing development on abutting property.

14.5.6.3.G

Except for a garage sale, the temporary use shall not be located within an accessory building or structure.

14.5.6.3.H

The parcel shall be of sufficient size to adequately accommodate the temporary use, building or structure.

14.5.6.3.I

The location of the temporary use or structure shall be such that adverse effects on surrounding properties will be minimal, particular regarding the traffic generated by the temporary use or structure.

14.5.6.3.J

Off-street parking areas are of adequate size for the particular temporary use, building or structure, are safely located and the entrance and exit drives are laid out so as to prevent traffic hazards and nuisances.

14.5.6.3.K

Signs shall conform to the provisions of this Ordinance.

14.5.6.3.L

Any lighting or noise shall be directed and controlled so as to not create a nuisance to neighboring property owners.

14.5.6.3.M

All the criteria specific to a particular temporary use are met.

14.5.6.3.N

The Zoning Administrator may impose conditions with the issuance of the permit which are designed to insure compliance with the requirements of this Ordinance and other applicable federal, state, or local laws, regulations, ordinances or codes.

14.5.6.4

Other standards. Before granting approval of any application, the Zoning Administrator and Planning Commission shall be reasonably sure that the proposed development fully complies with all the following, as are relevant and may condition approval of the site plan on conformance with any of the following:

14.5.6.4.A

All applicable State laws administered by the Michigan Department of Transportation, Department of Natural Resources and the Environment, and/or Department of Agriculture;

14.5.6.4.B

County and local ordinances;

14.5.6.4.C

The adopted published rules, standards or policies of the Village of Ontonagon Planning Commission;

14.5.6.4.D

The published rules, standards or policies of the Ontonagon County Drain Commissioner;

14.5.6.4.E

The published rules, standards or policies of the Ontonagon County Road Commissioner;

14.5.6.4.F

The published rules, standards or policies of the District Health Department;

14.5.6.4.G

The fire safety and emergency vehicle access requirements of the Michigan Building Code and/or any local Fire Code having jurisdiction;

14.5.6.4.H

Any approval shall include the filing of copies of any permits required under any laws described in Section 14.3.2.5.B, the compliance of which shall be made a condition of the approval of a site plan.

14.5.7

Conformity to approved site plan. Property which is the subject of site plan approval must be developed in strict compliance with the approved site plan and any amendments thereto which have received the approval of the Planning Commission. If construction and development does not conform with such approved plan, the permit holder or land owner shall be notified of a violation of this Ordinance, and if the circumstances warrant, issued a stop work or cease operations order per the requirements of Section 14.6.1.3.A.

14.5.8

Site plan amendments. No changes shall be made to an approved site plan prior to, during, or after construction except upon mutual agreement between the applicant and the Village, and by application to the Zoning Administrator.

14.5.9

As-built site plan submittal. Once a project for which a site plan was approved is completed, two (2) sets of "as built" site plans showing the exact building footprints, driveways, parking areas, landscaping, utilities, sidewalks, bike paths and trails shall be signed by the licensed professional who prepared them and delivered to the Zoning Administrator within one (1) month of completion of the project (for each phase of a project if multi-phased). The Zoning Administrator may waive this requirement, except where major utilities, new streets and/or large buildings are involved.

14.6.1

Complaints, suspension, and revocation of permits.

14.6.1.1

Complaints regarding violations. Whenever the Zoning Administrator becomes aware of or receives a complaint alleging a violation of this Ordinance, the Zoning Administrator shall investigate the complaint, take whatever action is warranted, and inform the complainant what actions have been or will be taken. Any and all building or land use activities considered possible violations of the provisions of this Ordinance observed or communicated to local Law Enforcement or to any Village officials shall be reported to the Zoning Administrator.

14.6.1.2

Persons liable. The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Ordinance may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

14.6.1.3

Procedures.

14.6.1.3.A

Handling violations with notice. If the Zoning Administrator becomes aware of or receives a complaint of an alleged violation, the process shall be as follows:

(1)

A complaint form shall be assigned a number.

(2)

A preliminary visit shall be made at the site to identify the alleged violation.

(3)

If a violation is identified, the landowner and/or contractor shall be informed, in writing, of the nature of the violation, informed of the action necessary to correct the violation and the date when the compliance is to be completed. The owner or contractor shall also be informed of their right to appeal the decision of the Zoning Administrator. This action may be taken in person or by certified mail.

(4)

Where the violation is one of unlawful construction, reconstruction, or removal, a "Stop Work" notice form shall be attached to the site or delivered to the contractor or owner. The owner or owner's agent shall also be informed of their right to appeal the decision of the Zoning Administrator.

(5)

The site of the alleged violation shall be re-inspected on the date when the owner or contractor was informed compliance was to be completed.

(6)

If compliance has not been completed, and an appeal of the decision of the Zoning Administrator has not been filed, the Village Attorney shall be informed to determine further action.

14.6.1.3.B

Handling violations without notice. Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this Ordinance, if the violation continues, such as if the violation is one of unlawful construction, reconstruction, alteration, removal or usage, or poses a danger to the public health, safety or welfare, then the Zoning Administrator may seek enforcement without prior written notice by requesting the Village Attorney to invoke any one of the remedies authorized in this Ordinance.

14.6.1.4

Suspension of a permit. Any permit issued shall become invalid if the authorized work is not initiated within one (1) year of receipt of a permit, or is suspended or abandoned for a period of six (6) months after the time of commencing the work unless the development proposed shall have passed its first building inspection.

14.6.1.5

Permit revocation.

14.6.1.5.A

False information or failures. A Zoning Compliance, Conditional Land Use, Special Land Use, Planned Unit Development, or Condominium Project Permit may be revoked by the permit-issuing authority in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based, or in case of failure or neglect to develop or maintain the property in accordance with the plans submitted, the requirements of this Section, or any additional requirement lawfully imposed by the permit-issuing authority or Zoning Board of Appeals. Upon permit revocation, all further construction activities and usage shall cease upon the site, other than for the purpose of correcting the violation. The Zoning Administrator may issue a stop work order to halt all construction activities and usage pending a decision on revocation of said permit.

14.6.1.5.B

Notification and appeals.

(1)

Before a Minor Conditional Land Use or Zoning Permit may be revoked, the owner, contractor or alleged violator shall be notified in writing of the reason for such revocation and their right to appeal the decision of the Zoning Administrator to the Zoning Board of Appeals.

(2)

Before a Major Special Land Use Permit, Planned Unit Development or Condominium Project may be revoked, the permit recipient shall be given a ten (10) day advance notice of intent to revoke, along with the alleged reasons for the revocation and the right to obtain an informal hearing on the allegations. If the permit is revoked, the Zoning Administrator shall provide the permittee a written statement of the decision and the reasons therefor.

(3)

No person may continue to make use of land or buildings in the manner authorized by any Zoning Compliance, Conditional Land Use, Special Land Use, Planned Unit Development or Condominium Project after such permit has been revoked in accordance with this section.

14.6.2

Judicial review. A person having an interest affected by a decision of the Zoning Board of Appeals and/or any other body, board or official under this Zoning Ordinance, and who has otherwise exhausted their administrative remedies under this Ordinance, may appeal to the Circuit Court for the County of Ontonagon. All such appeals shall be filed with the Ontonagon County Clerk, within twenty-one (21) calendar days after the date the written decision is signed by the Zoning Administrator, or chairperson of the body, board or commission that made the final decision in the matter.

14.7.1

Purpose. It is the purpose of this Section to establish the procedures and standards for amendment the text and Zoning Map of this Ordinance.

14.7.2

Initiation of amendments. The regulations and provisions stated in the text of this Ordinance and the boundaries of zoning districts shown on the Zoning Map of Village of Ontonagon may be amended pursuant to the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended. Amendments may be initiated by the Village Council, the Planning Commission, by petition of one or more persons having an interest in the property to be affected by the proposed amendment. Each petition for amendment shall be submitted to the Zoning Administrator who shall refer it for recommended action to the Planning Commission.

14.7.3

Fees. The Village Council shall establish, by resolution, fees for zoning amendment petitions. Such fees shall be paid in full at the time of application, and no part of such fees shall be returnable to the petitioner. Fees shall not be required for amendments proposed or requested by the Village Council or the Village Planning Commission.

14.7.4

Amendment procedures.

All petitions for text amendment, rezoning or Zoning Map change shall be submitted and reviewed per the requirements of this Section. All petitions for a conditional rezoning shall be reviewed and approved per the requirements of Section 14.7.9.

The planning commission may solicit information and testimony from officials in other public offices including, but not limited to, the district health department, county road commission and/or MDOT as applicable, county drain commissioner, any school district affected, any state or federal agency or office with an interest in the proposed change, any firm hired by the village to provide a review or comments on the proposed amendment, the fire chief, the county soil erosion, sedimentation and storm water control agent, any other the village planning commission believes should be notified.

14.7.5

Public hearing. The Planning Commission shall establish a date for and conduct at least one (1) public hearing at a regular or special meeting on each petition for amendment; notice of which shall be given pursuant to the requirements of Section 14.4.1. If an individual property or several adjacent properties are proposed for rezoning; notice shall be given pursuant to the requirements of Section 14.4.1.1.B. The Planning Commission shall conduct the public hearing consistent with the hearing procedures in Section 14.4.2.

14.7.6

Finding of fact required. In reviewing any petition for a zoning amendment, the Planning Commission shall identify and evaluate all factors relevant to the petition and shall report its findings in full along with its resulting recommendations for the proper disposition of the petition to the Ontonagon Village Council. The facts to be expressly considered by the Planning Commission shall include, but shall not be limited to the following:

14.7.6.1

What, if any, identifiable conditions related to the petition have changed which justify the petitioned change in zoning?

14.7.6.2

What, if any, error in judgment, procedure, or administration was made in the original Ordinance which justifies the petitioned change in zoning?

14.7.6.3

What are the precedents and the possible effects of precedent which might result from the approval or denial of the petition?

14.7.6.4

What is the impact of the amendment on the ability of the Village and other governmental agencies to provide adequate public services and facilities and/or programs that might reasonably be required in the future if the petition is approved?

14.7.6.5

Does the petitioned zoning change adversely affect the environmental conditions or value of the surrounding property?

14.7.6.6

Are there any significant negative environmental impacts which would reasonably occur if the petitioned zoning change and resulting allowed structures were built such as:

14.7.6.6.A

Surface water drainage problems

14.7.6.6.B

Wastewater disposal problems

14.7.6.6.C

Adverse effect on surface or subsurface water quality

14.7.6.6.D

The loss of valuable natural resources such as forest, wetland, historic, or scenic sites, wildlife, mineral deposits, or valuable agricultural land.

14.7.6.7

Does the petitioned zoning change generally comply with the policies and uses proposed for the area in the adopted Ontonagon Village Master Plan? If not, and if the proposed zoning change is reasonable in light of all other relevant factors, then the Plan should be amended before the requested zoning amendment is approved.

14.7.6.8

Whether all of the uses allowed under the proposed rezoning would be compatible with other zones and uses in the surrounding area.

14.7.6.9

Whether the uses allowed under the proposed rezoning would be equally or better suited to the area than uses allowed under the current zoning of the land.

14.7.6.10

If a specific property is involved, can the property in question be put to a reasonable economic use in the zoning district in which it is presently located (after considering all of the uses permitted by right, by special permit or as conditional uses)?

14.7.6.11

Is another procedure, such as a Variance, Conditional Land Use, Special Land Use, or Planned Unit Development procedure a more appropriate alternative than a rezoning?

14.7.7

Planning commission recommendations. All findings of fact shall be made in writing and shall be a part of the public records of the meeting of the Planning Commission and the Village Council. The Planning Commission shall not forward a recommendation to the Village Council unless all of the findings in Section 14.7.6 and other factors identified by the Ordinance are affirmatively resolved. After the hearing, the Planning Commission shall submit a summary of the comments received at the public hearing its findings of fact and the proposed amendment (including any zoning maps and other related material) to the Village Council.

14.7.8

Consideration by the village council.

After receiving the recommendations of the Planning Commission, the Village Council, at any regular meeting or at any special meeting called for that purpose, shall consider said findings of fact and recommendations and vote upon the adoption of the petitioned amendment. Such action shall be by a roll call vote. The amendment shall be approved by a majority vote of all of the members of the Village Council. The Village Council may hold additional public hearings if it considers it necessary. Notice of a public hearing held by the Village Council shall be published in a newspaper which circulates in the Village. The notice shall be given not less than fifteen (15) days before the hearing.

Further, it is understood pursuant to the Michigan Zoning Enabling P.A. 110 of 2006, that the Village Council shall make no change in the proposed amendment without first referring the petition back to the Planning Commission which shall have thirty (30) days from and after such referral in which to make a further recommendation to the Village Council, after which the Village Council shall take such action as it determines necessary. In the event that a petition is referred back to the Planning Commission, the Village Council shall make specific mention of their objections to the Planning Commission's findings and recommendations.

14.7.9

Conditional rezoning.

14.7.9.1

Intent. It is recognized that there are certain instances where it would be in the best interests of the Village, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for a rezoning. It is the intent of this Section to provide a process consistent with the provisions of Section 405 of the Michigan Zoning Enabling Act (MCL 125.3405), by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

14.7.9.2

Application and offer of conditions.

14.7.9.2.A

General process.

(1)

An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a rezoning is requested. This offer may be made either at the time the application for rezoning is filed or may be made at a later time during the rezoning process. A pre-application conference is strongly suggested.

(2)

The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this Section.

(3)

The owner's offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district.

(4)

The offer of conditions may be amended during the process of rezoning consideration provided that any amended or additional conditions are entered voluntarily by the owner. An owner may withdraw all or part of its offer of conditions any time prior to final rezoning action of the Village Council provided that, if such withdrawal occurs subsequent to the Planning Commission's public hearing on the original rezoning request, then the rezoning application shall be referred to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.

14.7.9.2.B

Process for special situations.

(1)

Any use or development proposed as part of an offer of conditions that would require a Conditional or Special Land Use Permit under the terms of this Ordinance may only be commenced if a Conditional or Special Land Use Permit for such use or development is ultimately granted in accordance with the provisions of this Ordinance.

(2)

Any use or development proposed as part of an offer of conditions that would require a Variance under the terms of this Ordinance may only be commenced if a Variance for such use or development is ultimately granted by the Zoning Board of Appeals in accordance with the provisions of this Ordinance.

(3)

Any use or development proposed as part of an offer of conditions that would require Site Plan approval under the terms of this Ordinance may only be commenced if Site Plan approval for such use or development is ultimately granted in accordance with the provisions of this Ordinance.

14.7.9.3

Planning commission review. The Planning Commission, after public hearing and consideration of the factors for rezoning set forth in Section 14.7.6 of this Ordinance, may recommend approval, approval with recommended changes or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.

14.7.9.4

Village council review.

After receipt of the Planning Commission's recommendation, the Village Council shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The Village Council's deliberations shall include, but not be limited to, a consideration of the factors for rezoning set forth in Section 14.7.6 of this Ordinance. Should the Village Council consider amendments to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the Village Council may, in accordance with Section 401(3) of the Michigan Zoning Enabling Act (MCL. 125.3401(3)), refer such amendments to the Planning Commission for a report thereon within a time specified by the Village Council and proceed thereafter in accordance with said statute to deny or approve the conditional rezoning with or without amendments.

If the Village Council finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written Statement of Conditions acceptable to the owner and conforming in form to the provisions of this Section. The Statement of Conditions shall be incorporated by attachment or otherwise as an inseparable part of the Ordinance adopted by the Village Council to accomplish the requested rezoning.

14.7.9.5

Administrative requirements.

14.7.9.5.A

Statement of conditions. The Statement of Conditions shall:

(1)

Be in a form recordable with the Register of Deeds of the County in which the subject land is located or, in the alternative, be accompanied by a recordable Affidavit or Memorandum prepared and signed by the owner giving notice of the Statement of Conditions in a manner acceptable to the Village Council.

(2)

Contain a legal description of the land to which it pertains.

(3)

Contain a statement acknowledging that the Statement of Conditions runs with the land and is binding upon successor owners of the land.

(4)

Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the Statement of Conditions. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

(5)

Contain a statement acknowledging that the Statement of Conditions or an Affidavit or Memorandum giving notice thereof may be recorded by the County with the Register of Deeds.

(6)

Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the Statement of Conditions.

14.7.9.5.B

Other steps.

(1)

Upon the rezoning taking effect, the Zoning Map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a Statement of Conditions. The Village Clerk and Zoning Administrator shall maintain a listing of all lands rezoned with a Statement of Conditions.

(2)

The approved Statement of Conditions or an Affidavit or Memorandum giving notice thereof shall be filed by the Village with the Register of Deeds of the County in which the land is located. The Village Council shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the Village or to any subsequent owner of the land.

14.7.9.6

Implementation.

14.7.9.6.A

Compliance.

(1)

Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the Statement of Conditions.

(2)

Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the Statement of Conditions. Any failure to comply with a condition contained within the Statement of Conditions shall constitute a violation of this Zoning Ordinance and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law. See Section 14.8.

(3)

No permit or approval shall be granted under this Ordinance for any use or development that is contrary to an applicable Statement of Conditions.

14.7.9.6.B

Timing.

(1)

Unless another time period is specified in the Ordinance rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within twelve (12) months after the rezoning took effect and thereafter proceed diligently to completion.

(2)

This time limitation may upon written request be extended by the Village Council if (1) it is demonstrated to the Village Council's reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion and (2) the Village Council finds that there has not been a change in circumstances that would render the current zoning with Statement of Conditions incompatible with other zones and uses in the surrounding area or is otherwise inconsistent with sound zoning policy.

(3)

If approved development and/or use of the rezoned land does not occur within the time frame specified above, then the land shall revert to its former zoning classification as set forth in MCL 125.3405(2). The reversion process shall be initiated by the Village Council requesting that the Planning Commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.

14.7.9.6.C

Subsequent rezoning of land. When land that is rezoned with a Statement of Conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no Statement of Conditions, whether as a result of a reversion of zoning pursuant to Section 14.7.9.6.B.3 above or otherwise, the Statement of Conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the Village Clerk shall record with the Register of Deeds of the County in which the land is located a notice that the Statement of Conditions is no longer in effect.

14.7.9.6.D

Amendment of conditions. During the time period for commencement of an approved development or use specified per Section 14.7.9.6.B above, or during any extension thereof granted by the Village Council, the Village shall not add to or alter the conditions in the Statement of Conditions. The Statement of Conditions may be amended thereafter in the same manner as was prescribed for the original rezoning and Statement of Conditions.

14.7.9.6.E

Village right to rezone.

Nothing in the Statement of Conditions nor in the provisions of this Section shall be deemed to prohibit the Village from rezoning all or any portion of land that is subject to a Statement of Conditions to another zoning classification.

Any rezoning shall be conducted in compliance with this Ordinance and the Michigan Zoning Enabling Act, as amended.

14.7.9.6.F

Failure to offer conditions.

The Village shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner's rights under this Ordinance.

Following the adoption of an amendment by the Ontonagon Village Council and approval by the State of Michigan, one (1) notice of adoption shall be published in a newspaper of general circulation in the County within fifteen (15) days after adoption by the Village Council. The notice of adoption shall include the following information:

(1)

A summary of the regulatory effect of the amendment (including the geographic area affected) or the text of the amendment.

(2)

The effective date of the amendment.

(3)

The place and time where a copy of the Ordinance may be purchased or inspected.

[14.7.10.

(Reserved.)]

14.7.11

Options upon denial of amendment request. A property owner whose amendment or rezoning request is denied may file an appeal with Circuit Court. If the property owner challenges that the denial of the amendment has the result of leaving the property owner with no reasonable or economically viable use of the property, then the property owner may request consideration of a Hardship PUD per the requirements of Section 10.7, Hardship Planned Unit Development.

14.7.12.

Resubmittal. No application for a rezoning which has been denied by the Village Council shall be resubmitted for a period of one (1) year from the date of the last denial, except on grounds of newly-discovered evidence or proof of changed conditions found upon inspection by the Village Council to be valid.

14.7.13.

Comprehensive review of zoning ordinance. The Planning Commission shall within two years and at intervals of not more than five (5) years thereafter, examine all the provisions of this Ordinance and the location of zoning district boundary lines and shall submit a report to the Village Council recommending changes and amendments, if any, which are deemed to be desirable in the interest of public health, safety and general welfare.

14.8.1

Purpose. This Section is adopted to establish provisions for violation of the Zoning Ordinance. Authority for these provisions is found in Section 407 of the Michigan Zoning Enabling Act, P.A. 110 of 2006, which requires the Village Council to establish a method for addressing violations.

14.8.2

Inspection of violation. The Zoning Administrator shall inspect each alleged violation and shall order correction, in writing, of all conditions found in violation of this Ordinance. The Zoning Administrator shall issue a notice of Zoning Ordinance violation to the owner and occupant of the lot or parcel upon which the zoning violation has occurred. This notice shall include at least the following: 1) Date and location of each violation observed by the Zoning Administrator, 2) Names and addresses of owners and occupants, 3) The specific Section(s) of the Ordinance which has been violated, and 4) the length of time allowed before further prosecution of the violation. All violations shall be corrected within a period of thirty (30) days after the order to correct is issued, or as long as six (6) months, as the Zoning Administrator shall permit. A person not correcting a violation within this period shall be issued a zoning citation remanding the violation to the local district court.

14.8.3

Violations and penalties. Violations of any provisions of this Ordinance are declared to be nuisance per se. It shall be unlawful for any person to commence operations of any kind that are in violation of the terms of this Ordinance and any violations shall be subject to the penalties herein prescribed.

14.8.3.1

Types of violations.

14.8.3.1.A

Misdemeanor. Unless a violation of this Ordinance is specifically designated in Section 14.8.3.1.B as a municipal civil infraction, the violation shall be deemed a misdemeanor. Any person deemed guilty of a misdemeanor shall, upon conviction thereof, be punished by imprisonment in the county jail for not more than ninety (90) days or by a fine of not more than five hundred dollars ($500.00), or by both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate punishable offense. The Village Attorney may institute those remedies provided by statute, court rule, and case law to prevent or remove any unlawful erection, construction, maintenance, or use. Damages, costs, and reasonable attorney fees shall be paid to compensate the Village for its cost of Ordinance enforcement. The imposition of any sentence shall not exempt the offender from compliance with the provision of this Ordinance.

14.8.3.1.B

Municipal civil infraction. The following violations of this Ordinance may be handled as a municipal civil infraction:

(1)

A violation of the terms of an approved Certificate of Zoning Compliance.

(2)

A violation of the terms of an approved Site Plan.

(3)

A violation of the terms of an approved Conditional or Special Land Use Permit.

(4)

A violation of the terms of an approved Planned Unit Development Permit.

(5)

A violation of any variance, condition, or other approval of the ZBA pursuant to Article 14.

(6)

A violation of any approved sign permit.

(7)

A violation of general standards regarding illegal maintenance of junk on a lot.

14.8.3.2

Civil and criminal penalties. Each day that a violation exists constitutes a separate offense or infraction. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

14.8.3.2.A

Civil fine. The sanction for any violation of the Village of Ontonagon Zoning Ordinance which is a municipal civil infraction shall be a civil fine plus any costs, damages, expenses and other sanctions. The Zoning Administrator, together with deputies of local law enforcement, are the Village officials authorized to issue municipal civil infraction violation notices and municipal civil infraction violation citations under this Ordinance.

14.8.3.2.B

Civil action. In addition to enforcing violations as misdemeanors or municipal civil infractions, violations of this Ordinance may be enforced by civil action along with any other remedies provided by law. Violations of the Ordinance are a nuisance per se, and adjudication of responsibility for a municipal civil infraction violation of this Ordinance shall not preclude other civil proceedings to abate such nuisance.

14.8.3.2.C

No permit for violators. The Zoning Administrator may refuse to issue new Zoning Permits to a person who has failed to correct violations or to any person representing a firm which has failed to correct violations of this Ordinance or the Michigan Construction Code Act, Public Act 230 of 1972, or the Land Division Act, Public Act 288 of 1967, as amended.

14.8.3.3

Schedule of fines.

(1)

A person, corporation, or firm who violates any provision of the Zoning Ordinance of the Village of Ontonagon that is found responsible by the District Court for a municipal civil infraction shall pay a civil fine of not more than $500, plus costs and other sanctions, for each infraction.

(2)

Repeat offenses shall be subject to increased fines as set forth below. As used in this subsection, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision of the section of Village of Ontonagon Zoning Ordinance committed by a corporation, person, or firm within any twenty-four (24) month period and for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under those subsections shall be as follows:

a.

The fine for any offense that is a repeat offense shall be no less than $140 plus costs and other sanctions.

b.

The fine for any offense that is a second repeat offense shall be no less than $500 plus costs and other sanctions.